H.R. 5690 (111th): Meaningful End to Defensive Medicine & Aimless Lawsuits (MedMal) Act of 2010

Introduced:
Jul 01, 2010 (111th Congress, 2009–2010)
Status:
Died (Referred to Committee)
Sponsor
Phil Gingrey
Representative for Georgia's 11th congressional district
Party
Republican
Text
Read Text »
Last Updated
Jul 01, 2010
Length
26 pages
 
Status

This bill was introduced on July 1, 2010, in a previous session of Congress, but was not enacted.

Progress
Introduced Jul 01, 2010
Referred to Committee Jul 01, 2010
 
 
Primary Source

THOMAS.gov (The Library of Congress)

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


7/1/2010--Introduced.
Meaningful End to Defensive Medicine & Aimless Lawsuits (MedMal) Act of 2010 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care goods or services.
Sets a statute of limitations of three years after the date of the manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.
Caps the amount of noneconomic damages at $350,000 if a claimant rejects a settlement that meets certain criteria.
Prohibits a provider of collateral source benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death.
Makes a benevolent gesture or admission of fault that is made by a health care provider or employee to the claimant or the claimant's relative or representative inadmissible as evidence of an admission of liability or an admission against interest.
Makes each party liable only for the amount of damages proportional to such party's percentage of responsibility.
Authorizes the award of punitive damages only where: (1) it is otherwise permitted by applicable state or federal law; (2) it is proven by clear and convincing evidence that the defendant acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (3) compensatory damages are awarded.
Provides for periodic payment of future damages.
Prohibits a health care provider from being named as a party to a product liability lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved medical product.
Prescribes qualifications for expert witnesses.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

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