Skip to main content
S 1370 107th Congress Senate Law Alternative dispute resolution Civil actions and liability Crime and Law Enforcement Damages Employee health benefits Evidence (Law) Federal preemption Fines (Penalties) Government Operations and Politics Health Health insurance Indemnity Labor and Employment Legal fees Limitation of actions Mediation Medical malpractice Punitive damages State laws

Common Sense Medical Malpractice Reform Act of 2001

Introduced: August 3, 2001 Introduced by: McConnell, Mitch Republican · Kentucky See on congress.gov
Sign in to write a letter Sign in to watch
This bill died when the 107th Congress ended
It never became law before the 107th Congress (2001–2002) adjourned, and bills don't carry over to the next Congress. It would have to be reintroduced. You can still save it for reference, but it won't receive updates.
 Everywhere this bill has been 2 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Aug 3, 2001
Read twice and referred to the Committee on the Judiciary.
Aug 3, 2001
Introduced in Senate
 Ask about this bill AI · grounded in the bill text

Have a question about what this bill does? Ask in plain English; the answer is drawn from the bill's actual text and official record, and it'll tell you when something isn't in the text rather than guess.

AI answers can be imperfect; always confirm against the full bill text.

 Plain-English summary Congressional Research Service
Common Sense Medical Malpractice Reform Act of 2001 - Declares that, in a health care liability action that is subject to this Act: (1) the action may not be initiated unless a complaint is filed within two years, with exceptions; (2) the amount of non-economic damages shall not exceed $250,000; and (3) an award for punitive damages may only be made if proven by clear and convincing evidence that the defendant intended to injure the claimant for a reason unrelated to the provision of health care services; understood the claimant was substantially certain to suffer unnecessary injury and deliberately failed to avoid such injury; or acted with a conscious disregard of a substantial and unjustifiable risk of unnecessary injury which the defendant failed to avoid in a manner which constitutes a gross deviation from the normal standard of conduct.

Establishes additional limitations on punitive damages, including specified requirements for the pleading of punitive damages, and a requirement (at the request of any defendant in a health care liability action) that the trier of fact consider the issue of punitive damages in a separate proceeding.

Sets forth provisions regarding periodic payments, the scope of liability (the liability of each defendant shall be several only and not joint), mandatory offsets for damages paid by a collateral source, and a cap on attorney's fees (limited to 25 percent of any judgement or settlement recovered).

Encourages each State to establish or maintain ADR mechanisms. Directs the Attorney General to develop guidelines regarding such mechanisms.

What's happening now August 3, 2001

Read twice and referred to the Committee on the Judiciary.

 Bill text 1 version

Source documents hosted by congress.gov.

 Committees of jurisdiction 1
Cite this page click to expand
APA
U.S. Congress. (2026). S. 1370: Common Sense Medical Malpractice Reform Act of 2001. 107th Congress. Open America. https://openamerica.io/bill/107-S-1370/
MLA
"S. 1370: Common Sense Medical Malpractice Reform Act of 2001." 107th Congress, 2026, Open America, https://openamerica.io/bill/107-S-1370/.
Bluebook (legal)
S. 1370, 107th Cong. (2026), https://openamerica.io/bill/107-S-1370/.
Markdown link
[S. 1370: Common Sense Medical Malpractice Reform Act of 2001](https://openamerica.io/bill/107-S-1370/)
Report a problem