Tort Reform - Law Reform Commission
Tort Reform
Description
The determination of whether limits shoulThe issue of tort reform was referred to the Law Reform Commission (“the Commission”) by the Hon.
Attorney General on 13th May, 2010.
The referral requested that the Commission determine whether limits should be placed on non- economic damages awarded in personal injury cases, with particular focus on medical malpractice, and whether the limitation periods applicable to personal injury claims should be reducedd be placed on non-economic damages awarded in medical malpractice cases.
Terms of Reference
(i) amend the Torts (Reform) Act (1996 Revision), using Chapter 74 of the Texas Civil Practice and Remedies Code as a guide, to limit non-economic damages awards to a maximum of $500,000;
(ii) amend section 13 of the Limitation Act (1996 Revision) to reduce the limitation period after knowledge of injury to one year, and to apply this change to infants upon reaching the age of majority;
(iii) amend section 13 of the Limitation Act (1996 Revision) to reduce the limitation period for personal injury from three years, or, alternatively, to specifically carve out medical malpractice and wrongful death actions and reduce the limitation period for those claims to two years; and
(iv) amend section 15 of the Limitation Act (1996 Revision) to reduce the ultimate limitation period from fifteen years to ten years and extend its application to all negligence actions, including personal injury matters governed by section 13.
Outcomes
On 22nd October, 2010, the Commission published a Consultation Paper titled “Caps on Non-Economic Damages and Reducing the Limitation Period”.
The consultation period commenced on 22nd October, 2010 and concluded on 19th November, 2010.
The Medical Negligence (Non-Economic Damages) Law, 2011 was passed by Parliament on 18th March, 2011 and came into force on 30th March, 2011. It limited non-economic damages in claims for medical negligence to $500,000.
