Medical Malpractice Bills: S. 22 and S. 23, 109th Congress (CRS Report for Congress)
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| Release Date |
May 8, 2006 |
| Report Number |
RL33406 |
| Report Type |
Report |
| Authors |
Henry Cohen, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
Medical malpractice suits are governed, for the most part, by state law. S. 22 , 109th
Congress, the Medical Care Access Protection Act of 2006, or "MCAP Act," would impose federal
standards on some aspects of medical malpractice suits, but it would leave other aspects to continue
to be governed by state law. Unlike other pending medical malpractice bills, such as
H.R. 5 and S. 354 , S. 22 would not apply to products liability
suits (i.e., it would apply only to medical malpractice suits against health-care providers, not to suits
against manufacturers or sellers of defective medical products that cause injury). S. 23 ,
the Healthy Mothers and Healthy Babies Access to Care Act, is identical to S. 22, except
that S. 23 would apply only to suits alleging malpractice in connection with obstetrical or
gynecological goods or services. This report summarizes the main provisions of S. 22 and
S. 23.
These provisions include placing caps on noneconomic and punitive damages, eliminating joint
and several liability, eliminating the collateral source rule when there is no right of subrogation,
limiting lawyers' contingent fees, prescribing qualifications for expert witnesses, creating a federal
statute of limitations, expanding Rule 11 sanctions, and authorizing periodic payment of future
damages. S. 22 and S. 23 would not preempt state laws that are more
favorable to defendants; however, in cases against defendants other than the United States, the
proposed legislation would not preempt state caps on damages, whether they are higher or lower than
the bills' caps.
