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Document Type

Peach Sheet

Abstract

The Act decreases liability exposure to inpatient mental healthcare providers and foster care providers by requiring claimants to prove gross negligence instead of the existing standard of negligence. It also contains jury instructions to be provided in an action involving a mental health care liability claim that describe what the jury should consider in deciding the action. Finally, it prohibits punitive damages against mental health care providers, except for instances of willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm.

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