Health Care Liability Reform and Quality Assurance Act of 1997

TABLE OF CONTENTS:

Title I: Health Care Liability Reform

Subtitle A: Liability Reform

Subtitle B: Biomaterials Access Assurance

Subtitle C: Applicability

Title II: Protection of the Health and Safety of Patients

Title III: Severability

Health Care Liability Reform and Quality Assurance Act of 1997 - Title I: Health Care Liability Reform - Subtitle A: Liability Reform - Applies this subtitle to any health care liability action brought in any Federal or State court, except as title XXI of the Public Health Service Act applies to a vaccine-related injury or death. Preempts certain State laws.

(Sec. 104) Prohibits initiation of an action under this Act unless a complaint is filed within a two-year period following the discovery of the injury and its cause.

(Sec. 105) Allows the award of punitive damages only when there is clear and convincing evidence that the defendant intended to injure, deliberately failed to avoid injuring, or acted with a conscious, flagrant disregard of the risk of unnecessary injury. Prohibits the award of punitive damages in any case in which no judgment for compensatory damages is rendered. Outlines requirements concerning: (1) procedures for determining punitive damages; and (2) the determination, in a separate proceeding, of the amount of such damages. Limits punitive damage amounts.

(Sec. 106) Allows periodic payments if the award of future damages exceeds $100,000.

(Sec. 107) Allows only several and not joint liability of each defendant in an action with respect to punitive or noneconomic damages.

(Sec. 108) Requires the total amount of damages received by an individual to be reduced by any collateral source payments.

(Sec. 109) Limits the amount of contingency-based attorney's fees.

(Sec. 110) Requires that malpractice relating to services during labor or delivery against a professional (who did not previously treat a woman for the pregnancy) be proven by clear and convincing evidence.

(Sec. 111) Encourages each State to establish or maintain alternative dispute resolution (ADR) mechanisms. Mandates Federal guidelines for State ADRs. Regulates further redress. Authorizes technical assistance to States.

(Sec. 112) Requires, in order to bring an action and subject to exception, that a specialist have determined that a reasonable medical interpretation of the facts supports a finding that the claim is meritorious and based on good cause.

Subtitle B: Biomaterials Access Assurance - Biomaterials Access Assurance Act of 1997 - Provides that, in any civil action, a biomaterials supplier (one who supplies components or raw materials used to manufacture implants) may raise any defense provided under this Act.

(Sec. 125) Exempts a biomaterials supplier from liability for harm caused by an implant, except for a supplier who: (1) is, for specified reasons, considered a manufacturer or a seller of the implant; or (2) furnishes raw materials or components failing to meet contractual requirements. Provides grounds for liability regarding each exception.

(Sec. 126) Sets forth procedural requirements for the dismissal of actions against suppliers. Requires claimant payment of attorney's fees if the court finds the claim is without merit and frivolous.

Subtitle C: Applicability - Applies this title to all civil actions commenced on or after the date of enactment of this Act, including those involving matters occurring before that date.

Title II: Protection of the Health and Safety of Patients - Mandates that each State require that at least 50 percent of health care liability punitive damages be used for: (1) licensing, investigating, disciplining, and certifying health professionals; and (2) the reduction of malpractice-related costs for providers volunteering to provide health services in medically underserved areas.

(Sec. 202) Establishes an advisory panel to coordinate and evaluate methods, procedures, and data to enhance the quality, safety, and effectiveness of health care services. Mandates guidelines on health care quality assurance, patient safety, and consumer information.

Title III: Severability - Provides for the severability of the remainder of this Act from any provisions held to be unconstitutional.