December 14, 2007

Proposals now before the Bay State legislature would adopt proportionate liability in place of joint and several liability; set the prejudgment interest rate at the same as Treasury bills, instead of four (!) points higher; require that plaintiff's expert witnesses be board certified in the same specialty as defendant physicians; allow periodic payments; and allow consideration of collateral sources. The Massachusetts Medical Society's testimony in favor is here, and a Worcester Telegram editorial was recently supportive as well.