Physicians and Taxpayers Protection from Frivolous Litigation Act of 2006

Bill: 109-hr-6246
Sponsor: Rep. Paul, Ron [R-TX-14]
Introduced: 2006-09-28 in the House
Policy area: Law
Subjects: Accident insurance
Civil actions and liability
Civil procedure
Collection of accounts
Commerce
Crime and Law Enforcement
Damages
District courts
Drugs
Evidence (Law)
Finance and Financial Sector
Fines (Penalties)
Frivolous lawsuits
Government Operations and Politics
Health
Health insurance
Jurisdiction
Labor and Employment
Lawyers
Legal ethics
Legal fees
Liability (Law)
Limitation of actions
Medical malpractice
Medical supplies
Products liability
Punitive damages
State courts
Workers' compensation

Summary:
action_date: 2006-09-28
text: 
Physicians and Taxpayers Protection from Frivolous Litigation Act of 2006 - Sets forth provisions regulating federal lawsuits for health care liability claims or actions concerning the provision of health care services or medical products pursuant to any federal program.
 
Allows any such health care lawsuit brought in a state court to be removed to a federal court. Gives the U.S. district court jurisdiction over any health care lawsuit.
 
Requires the court to impose sanctions for the filing of frivolous lawsuits.
 
Sets a statute of limitations for commencing such a health care lawsuit in federal court of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.
 
Provides that nothing in this Act limits recovery of the full amount of available 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 introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. 
 
Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury such person knew 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.
 
 Provides for periodic payments of future damage awards.


Legislative actions:
action_date: 2006-10-02
text: Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman .
action_date: 2006-09-29
text: Sponsor introductory remarks on measure. (CR E1904)
action_date: 2006-09-28
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: 2006-09-28
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: 2006-09-28
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: 2006-09-28
text: Introduced in House
action_date: 2006-09-28
text: Introduced in House