To establish limits on medical malpractice claims, and for other purposes.
(Sec. 3) Establishes a statute of limitations for health care liability actions of one year from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than three years after the date the alleged injury occurred.
(Sec. 4) Makes a defendant in any health care liability action liable only for the amount of noneconomic damages attributable to such defendant. Limits total noneconomic damages for an injury to $250,000.
Outlines requirements for, and limitations on, the award of punitive damages. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000.
Permits defendants to introduce evidence of collateral source payments.
(Sec. 5) Specifies limits to contingent fees.
(Sec. 6) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for a statute of limitations, noneconomic damages, joint and several liability, punitive damages, a collateral source rule, periodic payments, and limitations on contingent fees which are identical to the provisions of this Act.
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
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