Pregnancy and Trauma Care Access Protection Act of 2004

Bill: 108-s-2207
Sponsor: Sen. Gregg, Judd [R-NH]
Introduced: 2004-03-12 in the Senate
Policy area: Health
Subjects: Accident insurance
Accreditation (Medical care)
Civil actions and liability
Civil procedure
Class actions (Civil procedure)
Collection of accounts
Commerce
Compensation (Law)
Conflict of interests
Crime and Law Enforcement
Damages
Drug approvals
Education
Emergency Management
Emergency medicine
Evidence (Law)
Expert witnesses
Federal preemption
Finance and Financial Sector
Fines (Penalties)
Government Operations and Politics
Gynecology
Health insurance
Higher education
Insurance premiums
Juries
Labeling
Labor and Employment
Law
Legal ethics
Legal fees
Liability (Law)
Licenses
Limitation of actions
Medical economics
Medical education
Medical malpractice
Medical personnel
Medical supplies
Obstetrics
Packaging
Physicians
Products liability
Punitive damages
Smallpox
State laws
Trauma care
Vaccination
Vaccines
Valuation
Women
Women's health
Workers' compensation

Summary:
action_date: 2004-03-12
text: 
Pregnancy and Trauma Care Access Protection Act of 2004 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical, gynecological, emergency, or trauma care 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, suppliers, marketers, promoters, sellers, and providers of obstetrical, gynecological, emergency, or trauma care services products that comply with Food and Drug Administration standards. 
 
 Provides for periodic payments of future damage awards.


Legislative actions:
action_date: 2004-04-07
text: Motion to proceed to consideration of measure withdrawn in Senate.
action_date: 2004-04-07
text: Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 49 - 48. Record Vote Number: 66. (consideration:  CR S3894; text:  CR S3894)
action_date: 2004-04-07
text: Motion to proceed to measure considered in Senate. (consideration:  CR S3877-3880, S3894)
action_date: 2004-04-06
text: Motion to proceed to measure considered in Senate. (consideration:  CR S3742-3784)
action_date: 2004-04-02
text: Motion to proceed to consideration of measure withdrawn in Senate.
action_date: 2004-04-02
text: Cloture motion on the motion to proceed presented in Senate. (consideration: CR S3599; text: CR S3599)
action_date: 2004-04-02
text: Motion to proceed to consideration of measure made in Senate. (consideration: CR S3599-3600; text: CR S3599)
action_date: 2004-03-22
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 462.
action_date: 2004-03-12
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2004-03-12
text: Introduced in Senate