Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2011

Bill: 112-hr-2205
Sponsor: Rep. Dent, Charles W. [R-PA-15]
Introduced: 2011-06-16 in the House
Policy area: Health
Subjects: Alternative dispute resolution, mediation, arbitration
Civil actions and liability
Disaster relief and insurance
Drug safety, medical device, and laboratory regulation
Emergency medical services and trauma care
Evidence and witnesses
Federal preemption
First responders and emergency personnel
Government liability
Health care quality
Health facilities and institutions
Health personnel
Health programs administration and funding
Judicial procedure and administration
Legal fees and court costs
Social work, volunteer service, charitable organizations
Specialized courts
State and local government operations

Summary:
action_date: 2011-06-16
text: 
Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2011 - Sets conditions for lawsuits arising from health care liability claims regarding health care goods or services or any medical product affecting interstate commerce. Provides for periodic payment of future damages. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Requires the dismissal of any lawsuit for which a qualified specialist does not submit an affidavit to the court as to whether there is a reasonable and meritorious cause for filing the action. Requires the claimant to pay the defendant's reasonable costs and attorney fees, under certain circumstances. Absolves health care providers from liability if such providers acted consistent with accepted clinical practice guidelines.
 
Amends the Public Health Service Act to extend liability protections for employees of the Public Health Service to certain emergency medical personnel and health center volunteer practitioners.
 
Protects disaster relief volunteers, nonprofit organizations, and other entities from civil liability for injuries related to disaster relief services or donated goods, except for injuries caused by willful, wanton, or reckless misconduct.
 
Makes a state that has enacted and is implementing an alternative medical liability law eligible to receive an incentive payment from the Secretary of Health and Human Services (HHS). Subjects health care lawsuits in a state receiving an incentive payment to liability limits and other provisions governing health care liability claims if the state's alternative medical liability laws have not brought about a reduction in the number of health care lawsuits in the state, a reduction in the amount of time required to resolve lawsuits in the state, and a reduction in the cost of malpractice insurance in the state.


Legislative actions:
action_date: 2011-08-25
text: Referred to the Subcommittee on the Constitution.
action_date: 2011-06-22
text: Referred to the Subcommittee on Health.
action_date: 2011-06-16
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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: 2011-06-16
text: Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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: 2011-06-16
text: Introduced in House
action_date: 2011-06-16
text: Introduced in House