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H.R. 3509, The Medical Justice Act of 2007
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Comparing original version (created by webmaster) with revision saved on January 11, 2008, 01:43:51 (webmaster):
H.R. 3509 would provide health care liability reform.
== Detailed Summary ==
<summary>
(Log in to editMedical Justice Act of 2007 - Sets forth provisions regulating civil actions for an injury or death as the wikiresult of health care.
Limits the non-economic damages that an individual may recover to: (1) $250,000 from health care practitioners; (2) $250,000 from any single health care institution; and be(3) $500,000 from the firstclass of liable health care institutions.
Limits the total damages, including compensatory damages, that a person may recover from any single liable health care practitioner to provide$1,400,000.
Provides that an insurer of a detailed summaryhealth care practitioner or health care institution is not liable for damages in excess of the bill!)liability of the insured for rejecting a reasonable settlement offer within policy limits.
Sets forth requirements for qualified expert reports.
Allows periodic or accrual payment for future damages.
Prohibits a jury from awarding punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous.
Makes each person liable only for a proportionate share of the total damages that directly corresponds to that person's responsibility.
Makes a person seeking damages liable for litigation costs incurred after rejection of a settlement offer if such person receives a judgment at trial that is significantly less favorable than the terms of the settlement offer.
Requires claims to be brought: (1) within two years after the act or omission if the affected individual is over the age of 12; or (2) before an affected individual under 12 attains the age of 14. Sets the statute of repose at no later than 10 years after the act or omission.
Makes a health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis immune from liability for damages caused by that care, except for willful or wanton negligence or more culpable misconduct.
</summary>
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== Status of the Legislation ==
<status>
(Log inLatest Major Action: 9/10/2007: Referred to edit the wiki and be the firstHouse committee. Status: Referred to update the status ofHouse Committee on the bill!)Judiciary.
</status>
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== Points in Favor ==
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== Points Against ==
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