Legislation Capping Medical Malpractice Awards Will Reach House Floor by End of Session, Republicans Say
House Republican leaders plan to move legislation that would place caps on medical malpractice jury awards to the House floor before the current session ends, CongressDaily reports. During a meeting with business and health provider lobbyists on Sept. 12, House Republican leadership aides said they intend to have the bill (HR 4600), which was approved Sept. 12 by the House Judiciary panel, passed by the Energy and Commerce Committee next week and moved to the House floor the week of Sept. 23 (Koffler, CongressDaily, 9/13). Under the bill, sponsored by Rep. Jim Greenwood (R-Pa.), the amount patients could be awarded for noneconomic damages, such as compensation for pain and suffering, would be limited to $250,000. Punitive damages would be limited to $250,000 or twice economic damages, whichever is greater. Economic damages, such as medical expenses or lost income, would remain uncapped (Kaiser Daily Health Policy Report, 7/26). In addition, lawyers' fees would be limited by a sliding scale. Although one Republican aide noted that Senate Majority Leader Tom Daschle (D-S.D.) is "unlikely" to address the bill in the Senate, the aide said that House Republicans hope to establish a "platform" for possible passage next year, particularly if Republicans take control of the Senate. Officials present at the meeting, including lobbyists from the National Federation of Independent Business, the U.S. Chamber of Commerce and the American Medical Association, expect President Bush to be "strongly supportive" (CongressDaily, 9/13). In July, Bush proposed legislation that contains the same caps as the Greenwood bill (Kaiser Daily Health Policy Report, 7/26).
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