House Energy and Commerce Committee Approves Bill Capping Awards in Medical Malpractice Suits
The House Energy and Commerce Committee on Sept. 18 passed a medical malpractice bill (HR 4600) by a 27-21 vote, despite "spirited Democratic objections," CongressDaily/AM reports (Posner, CongressDaily/AM, 9/19). The bill, sponsored by Rep. Jim Greenwood (R-Pa.), would cap at $250,000 the amount of noneconomic damages, such as compensation for pain and suffering, that patients could be awarded in medical malpractice suits. 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. In addition, lawyers' fees would be limited by a sliding scale (Kaiser Daily Health Policy Report, 9/18) All Democratic amendments to alter the measure were defeated. A non-binding amendment proposed by Rep. Charlie Norwood (R-Ga.), an advocate of patients' rights legislation, added a resolution that puts the committee "on record to allow patients to bring lawsuits against medical insurance companies," CongressDaily/AM reports. The bill now moves to the full House, where it will likely be approved, but it will probably not get through the Senate, CongressDaily/AM reports (CongressDaily/AM, 9/19).
A HealthCast of a July 17 House Energy and Commerce hearing on malpractice is available online.
