House of Representatives Proposes Draconian Medical Malpractice Reforms

Last month, U.S. House sponsors Phil Gingrey, M.D. (R-Ga.), Lamar Smith (R-TX), and David Scott (D-Ga.) introduced H.R. 5, "The Health Act."  Not only is this bill of questionable constitutionality, it imposes harsh liability caps regardless of the severity of injuries or egregiousness of the defendant's conduct.  Section 4 of the bill, ironically titled, "Compensating Patient Injury," forces a staggering $250,000 cap on all plaintiffs' non-economic damages, "in any health care lawsuit," "regardless of the number of parties against whom the action is brought or the number of separate claims or actions brought." 

The bill is shocking in breadth. This 250K cap would apply to federal and state court cases, and it protects not only negligent physicians, but health insurance companies and pharmaceutical manufacturers as well, apparently applying in any matter "concerning the provision of health care goods or services or any medical product affecting interstate commerce."  The American Association of Justice described the bill as "beyond extreme.  Its authors should focus on real measures that will improve patient safety, not provide welfare to drug and insurance companies that stand to gain the most from this proposal."

To make matters worse, President Obama expressed interest in reviewing proposals like H.R. 5 that eliminate "frivolous" medical malpractice lawsuits. Fortunately, the bill is not projected to pass the Senate.  However, consumers and consumer advocates everywhere should be paying close attention to the bill, which could have devastating consequences across the country.

You can access the text of the bill at: http://www.govtrack.us/congress/billtext.xpd?bill=h112-5

The American Association of Justice has commented on the bill here.