House Eyes Med Mal Reform Bill

Washington

The U.S. House of Representatives took another crack at medical liability reform when it approved legislation that would place caps on non-economic and punitive damages.

The legislation H.R. 4280passed on a largely party line 229-197 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 bill would also limit contingency fees earned by plaintiffs' attorneys.

Anne Sittmann, a representative of the Property Casualty Insurers Association of America in Des Plaines, Ill., commended 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.


Reproduced from National Underwriter Edition, May 14, 2004. Copyright 2004 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.


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