I 
112TH CONGRESS 
1ST SESSION 
H. R. 896 
To provide health care liability reform, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2011 
Mr. BURGESS
(for himself, Mr. BRADY
of Texas, Mr. FLORES, Mr. 
FARENTHOLD, Mr. CARTER, Mr. MCCAUL, Mr. OLSON, Mr. MARCHANT, 
and Mr. NEUGEBAUER) introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To provide health care liability reform, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Medical Justice Act of 2011’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Cap on non-economic damages against health care practitioners. 
Sec. 3. Cap on non-economic damages against health care institutions. 
Sec. 4. Cap, in wrongful death cases, on total damages against any single 
health care practitioner. 
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Sec. 5. Limitation of insurer liability when insurer rejects certain settlement of-
fers. 
Sec. 6. Mandatory jury instruction on cap on damages. 
Sec. 7. Determination of negligence; mandatory jury instruction. 
Sec. 8. Expert reports required to be served in civil actions. 
Sec. 9. Expert opinions relating to physicians may be provided only by actively 
practicing physicians. 
Sec. 10. Payment of future damages on periodic or accrual basis. 
Sec. 11. Unanimous jury required for punitive or exemplary damages. 
Sec. 12. Proportionate liability. 
Sec. 13. Defense-initiated settlement process. 
Sec. 14. Statute of limitations; statute of repose. 
Sec. 15. Limitation on liability for Good Samaritans providing emergency 
health care. 
Sec. 16. Definitions. 
SEC. 
2. 
CAP 
ON 
NON-ECONOMIC 
DAMAGES 
AGAINST 
HEALTH CARE PRACTITIONERS. 
When an individual is injured or dies as the result 
of health care, a person entitled to non-economic damages 
may not recover, from the class of liable health care practi-
tioners (regardless of the theory of liability), more than 
$250,000 such damages. 
SEC. 
3. 
CAP 
ON 
NON-ECONOMIC 
DAMAGES 
AGAINST 
HEALTH CARE INSTITUTIONS. 
When an individual is injured or dies as the result 
of health care, a person entitled to non-economic damages 
may not recover— 
(1) from any single liable health care institution 
(regardless of the theory of liability), more than 
$250,000 such damages; and 
(2) from the class of liable health care institu-
tions (regardless of the theory of liability), more 
than $500,000 such damages. 
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SEC. 4. CAP, IN WRONGFUL DEATH CASES, ON TOTAL DAM-
AGES AGAINST ANY SINGLE HEALTH CARE 
PRACTITIONER. 
(a) IN GENERAL.—When an individual dies as the 
result of health care, a person entitled to damages may 
not recover, from any single liable health care practitioner 
(regardless of the theory of liability), more than 
$1,400,000 in total damages. 
(b) TOTAL DAMAGES DEFINED.—In this section, the 
term ‘‘total damages’’ includes compensatory damages, 
punitive damages, statutory damages, and any other type 
of damages. 
(c) ADJUSTMENT FOR INFLATION.—For each cal-
endar year after the calendar year of the enactment of 
this Act, the dollar amount referred to in subsection (a) 
shall be adjusted to reflect changes in the Consumer Price 
Index of the Bureau of Labor Statistics of the Department 
of Labor. The adjustment shall be based on the relation-
ship between— 
(1) the Consumer Price Index data most re-
cently published as of January 1 of the calendar 
year of the enactment of this Act; and 
(2) the Consumer Price Index data most re-
cently published as of January 1 of the calendar 
year concerned. 
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