US Congress House Bill 1468 (Prior Session Legislation)

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Sponsorship: Partisan Bill (Republican 9)
Status: Introduced on March 12 2009 - 25% progression, died in committee
Action: 2009-03-12 - Referred to the House Committee on the Judiciary.
Pending: House Judiciary Committee
Text: Latest bill text (Introduced) [PDF]

Medical Justice Act of 2009 - Sets forth provisions regulating civil actions for an injury or death as the result of health care. Sets forth limits on: (1) the non-economic damages that an individual may recover from health care practitioners and health care institutions; and (2) the total damages that a person may recover from any single liable health care practitioner. Declares that an insurer of a health care practitioner or health care institution that rejects a reasonable settlement offer within policy limits is not, by reason of such rejection, liable for damages in excess of the liability of the insured. Sets forth requirements for qualified expert reports. Allows periodic or accrual payment for future damages. Prohibits a jury from awarding punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous. Makes each person liable only for a proportionate share of the total damages that directly corresponds to that person's responsibility. Makes a person liable for litigation costs incurred after rejection of a settlement offer if such person receives a judgment at trial that is significantly less favorable than the terms of the settlement offer. Sets forth a time frame within which claims related to any health care act or omission must be brought. Makes a health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis immune from liability for damages caused by that care, except for willful or wanton negligence or more culpable misconduct.

Medical Justice Act of 2009

Rep. Michael Burgess [R-TX]	Rep. John Carter [R-TX]	Rep. Michael Conaway [R-TX]	Rep. Kay Granger [R-TX]
Rep. Sam Johnson [R-TX]	Rep. Kenny Marchant [R-TX]	Rep. Michael McCaul [R-TX]	Rep. Pete Olson [R-TX]
Rep. Pete Sessions [R-TX]

Date	Chamber	Action
2009-03-12		Referred to the House Committee on the Judiciary.

Type	Source
Summary	https://www.congress.gov/bill/111th-congress/house-bill/1468/all-info
Text	https://www.congress.gov/111/bills/hr1468/BILLS-111hr1468ih.pdf