May 12, 2004(Key vote)
Title: Medical Malpractice Liability Limitation Bill
Vote Smart's Synopsis:
Vote to pass a bill that would implement health care liability reforms.
Establishes a federal statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers or should have discovered the injury with certain exceptions including fraud, intentional concealment, or the presence of a foreign body in the injured person (Sec. 3).
Places a cap of $250,000 on non-economic damages, with each party legally responsible only for the amount of damages directly proportional to such party's percentage of responsibility (Sec. 4).
Places a cap of $250,000 on punitive damages, or twice the economic damages awarded, whichever amount is greater, and provides that punitive damages shall be awarded only in cases where economic damages are found (Sec. 4).
Permits the court to restrict the payment of attorney contingency fees, and limits the fees to a percentage based on the amount of damages awarded (Sec. 5).
Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration standards (Sec. 7).
Requires periodic payments of future damage awards in excess of $50,000 (Sec. 8).