Pregnancy and Trauma Care Access Protection Act of 2005
Latest action · Feb 10, 2005 Read twice and referred to the Committee on the Judiciary.
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.
- IntroducedFeb 10, 2005
- Passed SenateNot reached
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Pregnancy and Trauma Care Access Protection Act of 2005 - 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.
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 court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded.
Prescribes qualifications for expert witnesses.
Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under Federal or State law.
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 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.
Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved prescription drug or device.
Provides for periodic payments of future damage awards.
Cosponsors 1
Members who signed on, in the order they did. All signed on Feb 10, 2005.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-NV | John Ensign | Original | Feb 10, 2005 |
Actions 2
Everything that happened, newest first.
- Feb 10, 2005Introduced in Senate
- Feb 10, 2005Read twice and referred to the Committee on the Judiciary.
Related bills 3
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 354 | HEALTH Act of 2005 | Related bill | Feb 17, 2005 |
| S 366 | Healthy Mothers and Healthy Babies Access to Care Act of 2005 | Related bill | Feb 10, 2005 |
| HR 534 | Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2005 | Related bill | Feb 25, 2005 |
Subjects
Assigned by the Library of Congress. Policy area: Health.
- 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
- 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
Text 1
Each version as it was printed, newest first.
- Feb 10, 2005Introduced in Senate
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.