HR 4039 · 111th Congress · Health
Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2009
Bill Progress
✓
Introduced2
Committee3
House Vote4
Senate5
EnactedLatest: Referred to the Subcommittee on Health.(2009-11-07)
Plain Language Summary
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Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2009 - Provides for reform of health care lawsuits by: (1) allowing a party against whom a judgment for medical malpractice has been awarded to pay future damages of $50,000 or more in periodic payments; (2) making each party liable for that party's share of damages only; (3) requiring a court to appoint a qualified specialist to review a health care lawsuit and file a statement of opinion regarding whether such lawsuit has a reasonable and meritorious basis; (4) requiring the losing party to pay the costs and reasonable attorneys fees of the prevailing party; (5) absolving health care providers from liability if such providers acted consistently with accepted clinical practice guidelines; and (6) providing that evidence of Medicare payments and reimbursements made to health care providers shall not, in a health care lawsuit, constitute a determination that a health care provider has or has not met the applicable standard of care. Amends the Public Health Service Act to: (1) provide protections from civil liability for certain emergency medical personnel and health center volunteer practitioners; (2) grant incentiv…
Summarized by Claude AI · Non-partisan · For informational purposes only