12-352. Medical malpractice judgments; payment
of interest; definition
A. Notwithstanding any law to the contrary, in a contested action arising out of a
medical malpractice claim the court shall award the payment of interest to the prevailing
party at a rate that is equal to three percentage points above the federal postjudgment
interest rate in effect on the date judgment is entered. Interest shall only accrue
from and after the date judgment is entered until the judgment is paid. If the judgment
is reversed or otherwise set aside, no interest shall be paid. The rate for calculating
interest that accrues from and after the date judgment is entered shall be adjusted on
June 30 and December 31 of each year to equal three percentage points above the federal
postjudgment interest rate in effect on the date of adjustment until the judgment is
paid. The interest rate specified for purposes of this section shall not exceed nine per
cent. Interest shall accrue at each adjusted rate only until the next adjustment. The
adjusted interest rate shall not be applied to any preceding six-month period.
B. For the purposes of this section "federal postjudgment rate" means the interest
rate established for the federal court system pursuant to 28 United States Code section
1961, as amended.
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