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S 2207 108th Congress Senate 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

Pregnancy and Trauma Care Access Protection Act of 2004

Introduced: March 12, 2004 See on congress.gov
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 Everywhere this bill has been 10 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Apr 7, 2004
Motion to proceed to consideration of measure withdrawn in Senate.
Apr 7, 2004
Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 49 - 48. Record Vote Number: 66. (consideration: CR S3894; text: CR S3894)
Apr 7, 2004
Motion to proceed to measure considered in Senate. (consideration: CR S3877-3880, S3894)
Apr 6, 2004
Motion to proceed to measure considered in Senate. (consideration: CR S3742-3784)
Apr 2, 2004
Motion to proceed to consideration of measure withdrawn in Senate.
Apr 2, 2004
Cloture motion on the motion to proceed presented in Senate. (consideration: CR S3599; text: CR S3599)
Apr 2, 2004
Motion to proceed to consideration of measure made in Senate. (consideration: CR S3599-3600; text: CR S3599)
Mar 22, 2004
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 462.
Mar 12, 2004
Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Mar 12, 2004
Introduced in Senate
 Plain-English summary Congressional Research Service

Pregnancy and Trauma Care Access Protection Act of 2004 - 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.

Allows the recovery of unlimited 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 percentage based on the amount awarded.

Prescribes qualifications for expert witnesses.

Permits the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled.

Authorizes the award of punitive damages only where: (1) it is proven 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.

Limits the liability of manufacturers, distributors, suppliers, marketers, promoters, sellers, and providers of obstetrical, gynecological, emergency, or trauma care services products that comply with Food and Drug Administration standards.

Provides for periodic payments of future damage awards.

What's happening now April 7, 2004

Motion to proceed to consideration of measure withdrawn in Senate.

 Cosponsors 1
All 1 Republican 1