H.B. 2

VETOES

3-2A-06.

(b) (4) The clerk of the court in which an action is filed under this
[subsection] SUBTITLE shall forward a copy of the action to the [State Board of
Physicians] DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

(f) (1) [Upon timely request, the trier of fact shall by special verdict or
specific findings itemize by category and amount any damages assessed for incurred
medical expenses, rehabilitation costs, and loss of earnings. Damages assessed for
any future expenses, costs, and losses shall be itemized separately. If the verdict or
findings include any amount for such expenses, costs, and losses, a] THE TRIER OF
FACT SHALL ITEMIZE THE VERDICT TO REFLECT THE MONETARY AMOUNT
INTENDED FOR ANY OF THE FOLLOWING DAMAGES THAT ARE APPLICABLE TO THE
ACTION:

(I) PAST MEDICAL EXPENSES;

(II) FUTURE MEDICAL EXPENSES;

(III) PAST LOSS OF EARNINGS;

(IV) FUTURE LOSS OF EARNINGS;

(V) PAST PECUNIARY LOSSES;

(VI) FUTURE PECUNIARY LOSSES;

(VII) OTHER PAST ECONOMIC DAMAGES;

(VIII) OTHER FUTURE ECONOMIC DAMAGES; AND

(IX) NONECONOMIC DAMAGES.

(2) A party filing a motion for a new trial may object to the damages as
excessive on the ground that the [claimant] PLAINTIFF has been or will be paid,
reimbursed, or indemnified to the extent and subject to the limits stated in §
3-2A-05(h) of this subtitle.

(3) (2) The court shall hold a hearing and receive evidence on the
objection.

(4) (3) (I) If the court finds from the evidence that the damages are
excessive on the grounds stated in § 3-2A-05(h) of this subtitle, subject to the limits
and conditions stated in § 3-2A-05(h) of this subtitle, it may grant a new trial as to
such damages or may deny a new trial if the [claimant] PLAINTIFF agrees to a
remittitur of the excess and the order required adequate security when warranted by
the conditions stated in § 3-2A-05(h) of this subtitle.

(II) In the event of a new trial granted under this subsection,
evidence considered by the court in granting the remittitur shall be admissible if
offered at the new trial and the jury shall be instructed to consider such evidence in
reaching its verdict as to damages.