HR 321 · 108th Congress 2003โ€“2005, ended

Common Sense Medical Malpractice Reform Act of 2003

Latest action · Feb 14, 2003 Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJan 8, 2003
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

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.

Cosponsors

Members who signed on, in the order they did.

No cosponsors are on file for this measure.

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseJudiciary Committee
Referred Jan 8, 2003
HouseEnergy and Commerce Committee
Referred Jan 8, 2003
Health Subcommittee
Referred Feb 14, 2003

Actions 3

Everything that happened, newest first.

  1. Feb 14, 2003Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
  2. Jan 8, 2003Introduced in House
  3. Jan 8, 2003Referred 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.

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To establish limits on medical malpractice claims, and for other purposes.
Short Titles as Introduced
Common Sense Medical Malpractice Reform Act of 2003

Subjects

Assigned by the Library of Congress. Policy area: Health.

Text 1

Each version as it was printed, newest first.

  1. Jan 8, 2003Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.