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HR 5690 111th Congress House Law Civil actions and liability Evidence and witnesses Health care quality Health facilities and institutions Health personnel Judicial procedure and administration Prescription drugs Product safety and quality

Meaningful End to Defensive Medicine & Aimless Lawsuits (MedMal) Act of 2010

Introduced: July 1, 2010 See on congress.gov
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
Jul 1, 2010
Referred to House Energy and Commerce
Jul 1, 2010
Referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Jul 1, 2010
Referred to House Judiciary
Jul 1, 2010
Introduced in House
 Plain-English summary Congressional Research Service

Meaningful End to Defensive Medicine & Aimless Lawsuits (MedMal) Act of 2010 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care goods or services.

Sets a statute of limitations of three years after the date of the manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.

Caps the amount of noneconomic damages at $350,000 if a claimant rejects a settlement that meets certain criteria.

Prohibits a provider of collateral source benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death.

Makes a benevolent gesture or admission of fault that is made by a health care provider or employee to the claimant or the claimant's relative or representative inadmissible as evidence of an admission of liability or an admission against interest.

Makes each party liable only for the amount of damages proportional to such party's percentage of responsibility.

Authorizes the award of punitive damages only where: (1) it is otherwise permitted by applicable state or federal law; (2) it is proven by clear and convincing evidence that the defendant acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (3) compensatory damages are awarded.

Provides for periodic payment of future damages.

Prohibits a health care provider from being named as a party to a product liability lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved medical product.

Prescribes qualifications for expert witnesses.

What's happening now July 1, 2010

Referred to House Energy and Commerce

 Committees of jurisdiction 2