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H.R. 2975: Medical Practice Protection Act of 2009

To improve the medical care by reducing the excessive burden imposed by the civil liability system on the health care delivery system.
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Introduced : Fri, Jun 19, 2009
Sponsor : Rep. Campbell, John B.T. (CA-48th [R])
Status : introduced Fri, Jun 19, 2009

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Actions
DateTypeDescriptionResult
1/1/0001 action 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.
1/1/0001 action Referred to House Judiciary
1/1/0001 action Referred to House Energy and Commerce
1/1/0001 action Referred to the Subcommittee on Health.
Rolls
Committee Assignments
CommitteeSubCommitteeActivity
House Judiciary Referral, In Committee
House Energy and Commerce Referral, In Committee
House Energy and Commerce Health Referral
Subject Terms
Health
Alternative dispute resolution, mediation, arbitration
Civil actions and liability
Evidence and witnesses
Health care costs and insurance
Health care coverage and access
Health care quality
Health personnel
Health technology, devices, supplies
Judicial procedure and administration
Lawyers and legal services
Prescription drugs
Product safety and quality
Related Legislative
h1086 (unknown)
Amendments
Titles Assigned
TypeASTitle
short introduced Medical Practice Protection Act of 2009
official introduced To improve the medical care by reducing the excessive burden imposed by the civil liability system on the health care delivery system.

SUMMARY:

6/19/2009--Introduced. 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.
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