Healthy Mothers and Healthy Babies Access to Care Act of 2003

Bill: 108-s-2061
Sponsor: Sen. Gregg, Judd [R-NH]
Introduced: 2004-02-10 in the Senate
Policy area: Health
Subjects: Accident insurance
Civil actions and liability
Civil procedure
Commerce
Crime and Law Enforcement
Damages
Disability insurance
Disabled
Drug approvals
Drug industry
Evidence (Law)
Expert witnesses
Families
Federal preemption
Finance and Financial Sector
Fines (Penalties)
Government Operations and Politics
Gynecology
Health insurance
Labeling
Law
Legal fees
Liability (Law)
Limitation of actions
Medical malpractice
Medical personnel
Medical supplies
Minors
Obstetrics
Packaging
Physicians
Products liability
Profit
Punitive damages
Smallpox
Social Welfare
State laws
Vaccination
Vaccines
Valuation
Women
Women's health
Workers' compensation

Summary:
action_date: 2004-02-10
text: 
Healthy Mothers and Healthy Babies Access to Care Act of 2003 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical or gynecological goods or services.
 
Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.
 
Allows the recovery of unlimited economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility.
 
Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a percentage based on the amount awarded.
 
Prescribes qualifications for expert witnesses.
 
Permits the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled.
 
Authorizes the award of punitive damages only where: (1) it is proven that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000.
 
Limits the liability of manufacturers, distributors, and providers of obstetrical or gynecological products that comply with Food and Drug Administration standards. 
 
 Provides for periodic payments of future damage awards.


Legislative actions:
action_date: 2004-02-24
text: Motion to proceed to consideration of measure withdrawn in Senate.
action_date: 2004-02-24
text: Cloture motion on the motion to proceed to consider the measure not invoked in Senate by Yea-Nay Vote. 48 - 45. Record Vote Number: 15.
action_date: 2004-02-24
text: Motion to proceed to consideration of measure considered in Senate. (consideration: CR S1467-1485, S1486-1487, S1487-1492, S1493-1503, S1505-1506)
action_date: 2004-02-23
text: Motion to proceed to consideration of measure considered in Senate. (consideration: CR S1422-1431, S1432-1436, S1437-1438, S1442-1443, S1446-1447)
action_date: 2004-02-12
text: Cloture motion on the motion to proceed to the measure presented in Senate.
action_date: 2004-02-12
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S1401)
action_date: 2004-02-11
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 429.
action_date: 2004-02-10
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2004-02-10
text: Introduced in Senate