HR 2103 · 107th Congress · Health
Medical Malpractice Rx Act
Bill Progress
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Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.(2001-06-25)
Plain Language Summary
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Medical Malpractice Rx Act - Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except: (1) certain actions for damages arising from a vaccine-related injury or death; or (2) an action under the Employee Retirement Income Security Act of 1974 (ERISA). Establishes a five-year maximum statute of limitations for health care liability actions. Makes a defendant in any health care liability action liable (severally but not jointly) only for the amount of noneconomic damages ($500,000 maximum) in direct proportion to the defendant's share of fault or responsibility for the claimant's actual damages. Requires for the award of punitive damages that the claimant establish that the harm was the result of conduct: (1) specifically intended to cause harm; or (2) manifesting a conscious, flagrant indifference to the rights or safety of others. Prohibits the award of punitive damages against a manufacturer or product seller of a drug or medical device where: (1) the drug or device was subject to Food and Drug Administration (FDA) premarket safety and labeling approval; or (2) the drug is generally recognized as safe and effective pursuant to FDA …
Summarized by Claude AI · Non-partisan · For informational purposes only