Nonpartisan civic infrastructure
AllCiv·Legis1
·

H.R. 3509

BillFederalHouseIntroduced
Medical Justice Act of 2007
About This Bill
Introduced
Latest Action · October 2, 2007
Sponsor introductory remarks on measure. (CR H11149-11155)
Congress
110th (2007–2009)
Introduced
September 10, 2007
Cosponsors (0)
None
View PDF ↗

Summary

Highlight any text to annotate
Medical Justice Act of 2007 - Sets forth provisions regulating civil actions for an injury or death as the result of health care. Limits the non-economic damages that an individual may recover to: (1) $250,000 from health care practitioners; (2) $250,000 from any single health care institution; and (3) $500,000 from the class of liable health care institutions. Limits the total damages, including compensatory damages, that a person may recover from any single liable health care practitioner to $1,400,000. Provides that an insurer of a health care practitioner or health care institution is not liable for damages in excess of the liability of the insured for rejecting a reasonable settlement offer within policy limits. Sets forth requirements for qualified expert reports. Allows periodic or accrual payment for future damages. Prohibits a jury from awarding punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous. Makes each person liable only for a proportionate share of the total damages that directly corresponds to that person's responsibility. Makes a person seeking damages liable for litigation costs incurred after rejection of a settlement offer if such person receives a judgment at trial that is significantly less favorable than the terms of the settlement offer. Requires claims to be brought: (1) within two years after the act or omission if the affected individual is over the age of 12; or (2) before an affected individual under 12 attains the age of 14. Sets the statute of repose at no later than 10 years after the act or omission. Makes a health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis immune from liability for damages caused by that care, except for willful or wanton negligence or more culpable misconduct.

Take Action

Your position
Add a comment
to comment on this bill.
Annotate the text
Highlight any passage on the Summary or Full Text tab to attach a note. Annotations appear on the Annotations tab.