03/12/2014 01:30 PM Senate JUDICIARY

            SB 200-WRONGFUL DEATH OF AN UNBORN CHILD                                                                        
                                                                                                                                
3:29:27 PM                                                                                                                    
CHAIR   COGHILL  reconvened   the  meeting   and  announced   the                                                               
consideration of SB  200. "An Act establishing a  right of action                                                               
for the death of an  unborn child in certain circumstances." This                                                               
was the second hearing.                                                                                                         
                                                                                                                                
SENATOR MCGUIRE,  responding to an earlier  question from Senator                                                               
Wielechowski, said legislative legal  opined that the language in                                                               
paragraph (2) on  page 2, lines 2-4, should be  considered in the                                                               
same  terms as  Sec.  09.55.549, which  defines limitations  from                                                               
healthcare provider services for medical malpractice.                                                                           
                                                                                                                              
3:30:43 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if losses are capped  at $400,000 for                                                               
medical malpractice or in all cases.                                                                                            
                                                                                                                                
SENATOR MCGUIRE  advised that  Sec 09.17.010  defines noneconomic                                                               
damages  that can  be  sought for  personal  injury and  wrongful                                                               
death.  Subsection  (b)  says  that all  claims  may  not  exceed                                                               
$400,000. Sec.  09.55.549 would apply to  damages and limitations                                                               
if it were  in the course and scope of  medical malpractice. Sec.                                                               
09.55.580 explains  damages for  wrongful death and  she believes                                                               
some of  that will apply.  Damages will ultimately  be determined                                                               
based on a preponderance of evidence  and by a determination of a                                                               
jury of their peers                                                                                                             
                                                                                                                                
3:31:57 PM                                                                                                                    
SENATOR   WIELECHOWSKI  advocated   the   committee  remove   any                                                               
artificial cap and let a jury decide on an appropriate number.                                                                  
                                                                                                                                
SENATOR MCGUIRE  said she didn't  know how to incorporate  it and                                                               
was  unwilling to  undo what  was  already there.  She agreed  to                                                               
provide a copy  of the questions that  Senator Wielechowski asked                                                               
and  she  answered.  She noted  that  Senator  Wielechowski  also                                                               
requested a list  of all the charges that had  been brought based                                                               
on the  2006 law; thus far,  five individuals were involved  in a                                                               
total of eight charges.                                                                                                         
                                                                                                                                
CHAIR COGHILL found no further  questions or debate and solicited                                                               
a motion.                                                                                                                       
                                                                                                                                
3:34:06 PM                                                                                                                    
SENATOR DYSON moved  to report SB 200, Version  A, from committee                                                               
with individual recommendations and attached fiscal note(s).                                                                    
                                                                                                                                
CHAIR COGHILL announced that without  objection, SB 200 will pass                                                               
from the Senate Judiciary Standing Committee.