Medical Malpractice Liability Reform: S. 354, 109th Congress (CRS Report for Congress)
| Release Date |
Jan. 18, 2006 |
| Report Number |
RS22075 |
| Report Type |
Report |
| Authors |
Henry Cohen, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
S. 354 , 109th Congress, 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, health care organizations, or sellers of medical products, from liability. In medical
malpractice and defective medical products suits, S. 354 would, among other things,
impose caps on noneconomic and punitive damages (but only in states with no caps or higher caps),
eliminate joint and several liability, abolish the collateral source rule, limit lawyers'
contingent fees,
enact a federal statute of limitations, and provide for periodic payment of future damages. This
report will be updated if and when Congress takes action with respect to S. 354.
