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New Legislation Would Cap Non-economic Damages in Medical Liability Lawsuits
Senator John Ensign, R-NV, and Senators Rick Santorum, R-PA, and Judd Gregg, R-N.H., separately introduced bills recently that would cap non-economic damages in medical liability lawsuits. "We cannot continue to stand by while doctors are forced to close the doors of their practices and patients are left without quality care," Ensign said.
Ensign’s Medical Care Access Protection Act of 2006 (S. 22) would allow patients to recover up to $250,000 each from a single health care professional and up to two health care institutions for a total of $750,000. Patients could continue to receive unlimited economic damages. The measure also would require claims to be filed within three years of an alleged injury, among other liability reforms.
The Healthy Mothers and Healthy Babies Act (S. 23), sponsored by Santorum and Gregg, would provide the same non-economic damages limits for obstetric and gynecology services. The AHA supports both bills, which are based on liability legislation enacted in California and Texas.