Medical Malpractice Liability Reform: H.R. 5, 109th Congress (CRS Report for Congress)
| Release Date |
Revised Jan. 18, 2006 |
| Report Number |
RS22054 |
| Report Type |
Report |
| Authors |
Henry Cohen, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
H.R. 5 , 109th Congress, which the House passed without amendment on July 28, 2005,
would preempt state law regarding some aspects of medical malpractice liability, and liability for
defective medical products, including drugs. It would not, however, preempt any state law that
imposes greater procedural or substantive protections for health care providers and health care
organizations from liability. In medical malpractice and defective medical products suits, H.R.
5 would, among other things, place caps on noneconomic and punitive damages (but only
in states that have not enacted and do not enact caps), eliminate joint and several liability, modify
the collateral source rule, limit lawyers' contingent fees, enact a federal statute of limitations,
and
provide for periodic payment of future damages.
