HR 5 - Malpractice Liability bill - National Key Vote


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Title: Malpractice Liability bill

Vote Smart's Synopsis:

Vote to pass a bill that would limit the amount of money awarded to plaintiffs and attorneys for medical malpractice cases.


  • Economic damages found by the courts receive no caps, and remain limitless based on financial losses incurred by the plaintiff, i.e. income loss, medical costs, and such.
  • Non-economic damages, such as pain and suffering, will be capped at $250,000.
  • Punitive damages may only be awarded if economic damages are found by substantial probability, and will be capped at $250,000, or double the economic damage, whichever is greater.
  • A lawsuit is required to be brought within three years of the date of injury; exceptions are stated.
  • Bars lawsuits brought against manufacturers and distributors for products that were legally approved by the Food and Drug Administration.
  • Specifies terms between state and federal courts, and attorney contingency fees.