Damage Cap For Med-Mal Passes House
By Steven Brostoff, Washington Editor
NU Online News Service, May 13, 12:23 p.m. EDT, Washington?The House of Representatives, taking another crack at medical liability reform, has approved legislation to place caps on non-economic and punitive damages for malpractice.[@@]
The legislation, H.R. 4280, passed 229-197 on a largely party line vote. However, long-term prospects for H.R. 4280 are dim.
The Senate has been trying to pass targeted versions of medical liability reform?focusing on emergency room physicians and obstetricians and gynecologists?but has been unable to overcome procedural roadblocks.
H.R. 4280 would place a $250,000 cap on non-economic damages in medical liability cases. In addition, it would cap punitive damages at $250,000 or two times economic damages, whichever is greater.
The legislation would also place limitations on contingency fees earned by plaintiffs' attorneys.
Anne Sittmann, a representative of the Des Plaines, Ill.-based Property Casualty Insurers Association of America, said that PCI commends the House leadership for continuing to make medical liability reform a priority issue.
"Congressional action is urgently needed to help put a stop to frivolous lawsuits and establish reasonable limits on unwarranted abusive awards against health care professionals," she said.
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