The HEALTH Act is in essence National Tort Reform or Medical Liability Reform that is based on liability reforms adopted by Texas and California. It places caps of $250,000 on non-economic damages (pain and suffering) and caps punitive damages at $250,000 or twice the amount of economic damages. The provision also considers each party’s liability in direct portion to responsibility, limits attorney contingency fees, and sets the statute of limitations at 3 years after the date of injury manifestation or 1 year after the injury is discovered.
The bill was sponsored by Rep. Phil Gingrey, MD (R, Ga.). Two House committees have approved the bill, up next is a vote by the full House. However, President Obama has said he will not approve capping damage awards.
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