US Congress House Bill 2975 (Prior Session Legislation)

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June 23 2009 - Referred to the Subcommittee on Health.
Pending: House Subcommittee on Health Committee
Text: Latest bill text (Introduced) [PDF]

Medical Practice Protection Act of 2009 - Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Provides for periodic payments of future damages.

Medical Practice Protection Act of 2009

Rep Campbell, John

Date	Chamber	Action
2009-06-23		Referred to the Subcommittee on Health.
2009-06-19		Referred to House Energy and Commerce
2009-06-19		Referred to House Judiciary
2009-06-19		Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

HB1086 (Related) 2009-02-23 - Referred to the Subcommittee on Health.

Type	Source
Summary	http://thomas.loc.gov/cgi-bin/bdquery/z?d111:HN02975:@@@L&summ2=m&
Text	http://gpo.gov/fdsys/pkg/BILLS-111hr2975ih/pdf/BILLS-111hr2975ih.pdf