Medical Malpractice Liability Reform: H.R. 5, 109th Congress

RS22054 -- Medical Malpractice Liability Reform: H.R. 5, 109th Congress

Updated January 18, 2006

Summary

H.R. 5, 109th Congress, which the House passed without amendment on July 28, 2005, would preempt state law regarding some aspects of medical malpractice liability, and liability for defective medical products, including drugs. It would not, however, preempt any state law that imposes greater procedural or substantive protections for health care providers and health care organizations from liability. In medical malpractice and defective medical products suits, H.R. 5 would, among other things, place caps on noneconomic and punitive damages (but only in states that have not enacted and do not enact caps), eliminate joint and several liability, modify the collateral source rule, limit lawyers' contingent fees, enact a federal statute of limitations, and provide for periodic payment of future damages.