U.S. Senate Argues Malpractice Caps
By Steven Brostoff, Washington Editor
NU Online News Service, Feb. 24, 10:57 a.m. EST, Washington?The Senate is now debating a medical malpractice reform bill that would place caps on non-economic and punitive damages in liability lawsuits involving obstetrical or gynecological goods or services.[@@]
The legislation, S. 2061, reflects a decision by the Senate leadership to try to achieve medical malpractice reform incrementally, by focusing on areas that have been especially hard hit by rising malpractice insurance premiums.
Under the legislation, non-economic damages involving obstetrical or gynecological claims would be capped at $250,000. Punitive damages would be capped at $250,000 or two times the amount of economic damages, whichever is greater.
The legislation also allows courts to restrict the amount paid to plaintiffs' attorneys in contingency fees.
In addition, S. 2061 establishes a statute of limitation for the filing of liability lawsuits involving ob/gyn claims.
Under the bill, the suit must be filed either within three years of the date the injury manifests itself or within one year after the claimant discovers the injury.
At this writing, S. 2061 was being debated on the floor of the Senate ahead of a possible vote on cloture. Under the rules of the Senate, 60 votes are needed to invoke cloture and thus prevent a filibuster.
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