Medical Malpractice Liability Reform: S. 354, 109th Congress

RS22075 -- Medical Malpractice Liability Reform: S. 354, 109th Congress

Updated January 18, 2006

Summary

S. 354, 109th Congress, 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, health care organizations, or sellers of medical products, from liability. In medical malpractice and defective medical products suits, S. 354 would, among other things, impose caps on noneconomic and punitive damages (but only in states with no caps or higher caps), eliminate joint and several liability, abolish the collateral source rule, limit lawyers' contingent fees, enact a federal statute of limitations, and provide for periodic payment of future damages. This report will be updated if and when Congress takes action with respect to S. 354.