Section 507-C:7 Damages Recoverable.
In any action for medical injury:
I. The damages awarded may include compensation for actual economic losses suffered by the injured person by reason of medical injury, including but not limited to, the cost of reasonable and necessary medical care, rehabilitation services, custodial care, loss of services and loss of earnings or earning capacity. The defendant may introduce evidence of amounts recovered or recoverable by or on behalf of the injured person from health, accident, sickness or income-disability insurance or from governmental, employment, service or other benefit programs. Where the defendant does so, the plaintiff may introduce evidence of the total of any amounts which the plaintiff has paid or contributed to secure his right to any such benefits as to which the defendant has introduced evidence. When such evidence is introduced, the jury shall be instructed to reduce the award for economic loss by a sum equal to the difference between the total benefits received and the total amount paid by the plaintiff to secure such benefits.
II. The damages awarded may include compensation for pain and suffering or other non-economic loss. However, compensation for non-economic losses shall in no event exceed the sum of $250,000.
III. In the event of a verdict for the plaintiff, the finder of fact shall separately state its awards for past and future economic losses and for past and future non-economic losses. In trials to a jury, the jury shall not be informed of the limit prescribed in paragraph II of this section, but if the jury awards an amount in excess of the limit, the court shall reduce the amount of damages awarded to conform to the limit.
IV. In the event of a judgment for the plaintiff, if the award for future damages exceeds $50,000, the court may, at the request of either party, order that the future damages of the injured person be paid in whole or in part by periodic payments as determined by the court, rather than by lump sum payment, on such terms as the court deems just and equitable. As a condition to authorizing periodic payments of future damages, the court may order a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages. In the event of the death of the injured person prior to completion of installment payments, upon motion of any party at interest, the court shall modify the order by deducting from the remaining balance the amount thereof representing unpaid compensation for future non-economic loss and future expenses of care and by ordering the remainder to be paid to the estate of the decedent.
Source. 1977, 417:22, eff. Sept. 3, 1977.