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S 2207 108th Congress Senate

Pregnancy and Trauma Care Access Protection Act of 2004

Official title: A bill to improve women's access to health care services, and the access of all individuals to emergency and trauma care services, by reducing the excessive bu… Show full official titleShow less

Official title: A bill to improve women's access to health care services, and the access of all individuals to emergency and trauma care services, by reducing the excessive burden the liability system places on the delivery of such services.

Introduced: April 6, 2004 See on congress.gov
Health Accident insuranceAccreditation (Medical care)Civil actions and liabilityCivil procedure
More subjectsShow fewer subjects
Class actions (Civil procedure)Collection of accountsCommerceCompensation (Law)Conflict of interestsCrime and Law EnforcementDamagesDrug approvalsEducationEmergency ManagementEmergency medicineEvidence (Law)Expert witnessesFederal preemptionFinance and Financial Sector
This bill died when the 108th Congress ended
It never became law before the 108th Congress (2003–2004) 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 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Motion to proceed to consideration of measure withdrawn in Senate.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Motion to proceed to consideration of measure withdrawn in Senate.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
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 Latest action April 7, 2004

Motion to proceed to consideration of measure withdrawn 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.

 Related & companion bills 1
 Bill text 2 versions

Source documents hosted by congress.gov.

Cite this page click to expand
APA
U.S. Congress. (2026). S. 2207: Pregnancy and Trauma Care Access Protection Act of 2004. 108th Congress. Open America. https://openamerica.io/bill/108-S-2207/
MLA
"S. 2207: Pregnancy and Trauma Care Access Protection Act of 2004." 108th Congress, 2026, Open America, https://openamerica.io/bill/108-S-2207/.
Bluebook (legal)
S. 2207, 108th Cong. (2026), https://openamerica.io/bill/108-S-2207/.
Markdown link
[S. 2207: Pregnancy and Trauma Care Access Protection Act of 2004](https://openamerica.io/bill/108-S-2207/)
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