Common Sense Medical Malpractice Reform Act of 2003

Bill: 108-hr-321
Sponsor: Rep. Toomey, Patrick J. [R-PA-15]
Introduced: 2003-01-08 in the House
Policy area: Health
Subjects: Accident insurance
Alternative dispute resolution
Bribery
Business records
Commerce
Crime and Law Enforcement
Damages
Department of Health and Human Services
Disability insurance
Disabled
Drug approvals
Drug industry
Drugs
Economics and Public Finance
Evidence (Law)
Federal employees
Federal officials
Federal preemption
Finance and Financial Sector
Fraud
Government Operations and Politics
Government liability
Government liability (International law)
Government paperwork
Health insurance
Indexing (Economic policy)
International Affairs
Labeling
Labor and Employment
Law
Legal fees
Liability (Law)
Limitation of actions
Medical malpractice
Medical supplies
Misconduct in office
Packaging
Products liability
Punitive damages
Social Welfare
State laws
Workers' compensation

Summary:
action_date: 2003-01-08
text: Common Sense Medical Malpractice Reform Act of 2003 - Establishes an alternative dispute resolution (ADR) procedure for all health care liability actions, except an action for damages arising from a vaccine-related injury or death to the extent that title XXI of the Public Health Service Act applies.
(Sec. 3) Establishes a statute of limitations for health care liability actions of one year from the date on which the alleged injury was discovered or should reasonably have been discovered, but in no case more than three years after the date the alleged injury occurred.
(Sec. 4) Makes a defendant in any health care liability action liable only for the amount of noneconomic damages attributable to such defendant. Limits total noneconomic damages for an injury to $250,000.
Outlines requirements for, and limitations on, the award of punitive damages. Permits periodic payments of any damages awarded for future economic and noneconomic loss exceeding $50,000.
Permits defendants to introduce evidence of collateral source payments.
(Sec. 5) Specifies limits to contingent fees.
(Sec. 6) Declares that any ADR used to resolve a health care liability action or claim shall contain provisions for a statute of limitations, noneconomic damages, joint and several liability, punitive damages, a collateral source rule, periodic payments, and limitations on contingent fees which are identical to the provisions of this Act.

Legislative actions:
action_date: 2003-02-14
text: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
action_date: 2003-01-08
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-01-08
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-01-08
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2003-01-08
text: Introduced in House
action_date: 2003-01-08
text: Introduced in House