Health Care Liability Reform Act of 1995

TABLE OF CONTENTS:

Title I: General Provisions

Title II: Health Care Liability Reform

Subtitle A: Reform Described

Subtitle B: Requirements for State Alternative Dispute

Resolution Systems (ADR)

Health Care Liability Reform Act of 1995 - Title I: General Provisions - Applies this Act to any health care liability claim or action in State or Federal court, except for vaccine or medical product injuries. Preempts State laws, subject to limitations.

Title II: Health Care Liability Reform - Subtitle A: Reform Described - Requires initial resolution under an alternative dispute resolution system (ADR) of State or Federal health care liability actions and claims against the United States.

Sets a time limit for commencement of actions.

Limits contingent attorney's fees to percentages of the amount recovered (including any periodic payments projected to life expectancy). Requires payment by the contesting party of attorney's fees and costs if the award amount is not adjusted at least a specified percentage in favor of the contesting party.

Limits noneconomic damages for an injury to a specified dollar amount regardless of the number of defendants or the number of actions. Requires, if requested by either party, that future expense payments over a certain amount be paid on a periodic basis. Mandates collateral source payment offsets. Regulates punitive damages with regard to the standard of proof, medical products subject to premarket approval, pleadings, separate proceedings, and amount.

Permits several but not joint liability.

Allows injunctions prohibiting violations of this title.

Authorizes State agencies responsible for health care practitioner disciplinary actions to make agreements with professional societies to participate in health care practitioner licensing and to review malpractice actions and allegations.

Subtitle B: Requirements for State Alternative Dispute Resolutions Systems (ADR) - Sets forth requirements for State ADRs, including requiring that State ADRs apply to all health care liability claims in that State's courts. Provides for annual Federal certification of State ADRs and mandates an alternative Federal ADR for claims in uncertified States. Requires uncertified States to reimburse the United States for costs and prohibits payments under the Public Health Service Act to those States, their local governments, or any entity in those States.