HR 5 - Malpractice Liability Reform Bill - National Key Vote


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Title: Malpractice Liability Reform Bill

Vote Smart's Synopsis:

Vote to pass a bill that contains certain provisions regarding medical malpractice lawsuits and revises current law regarding punitive and compensatory damages.


  • Places a time limit of three years after injury, or one year after learning of an injury, to file a malpractice lawsuit (Sec. 3).
  • Sets no limit for economic damages (medical bills and lost wages), but sets a $250,000 limit on all non-economic compensatory damages (pain and suffering) (Sec. 4).
  • Allows courts to restrict the legal fees prosecuting lawyers can receive (Sec. 5).
  • Stipulates that punitive damages can only be awarded if compensatory damages are awarded and if it is proven that there was malicious intent to injure the claimant (Sec. 7).
  • Sets a minimum of $250,000 and a maximum of twice the amount of all economic damages for punitive damages (Sec. 7).
  • Limits liability of manufacturers, distributors, and suppliers of healthcare products that comply with FDA standards (Sec. 7).