H.R. 1219 · 108th Congress
Medical Malpractice and Insurance Reform Act of 2003
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Never voted on. It didn't reach a floor vote before the 108th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
ConyersSponsor4 cosponsors · 4 D
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Medical Malpractice and Insurance Reform Act of 2003 - Declares that medical malpractice actions shall be barred unless the complaint is within three years after the right of action accrues. Sets forth criteria for determining the date on which the right of action accrues.
What it does: CRS summary · Introduced in House · Mar 12, 2003
Prohibits any individual from bringing a medical malpractice liability action unless it is accompanied by the affidavit of a qualified specialist attesting to the reasonableness of the filing. Requires the attorney of a person filing such an action, or the individual if there is no attorney, to sign a certificate of merit attesting to the justified nature of the action.
Directs courts to impose sanctions for violations of the provisions pertaining to the certificate of merit, including to issue fines for multiple offenders.
Requires mediation, to be made available by the State, before a trial for any medical malpractice liability action.
Prohibits punitive damages from being awarded in a medical malpractice action except upon proof of gross negligence, reckless indifference to life, or one of various types of intentional acts.
Requires medical malpractice liability insurance companies to implement a plan to dedicate at least 50 percent of the annual savings from carrying out this section to reducing malpractice premiums. Imposes a civil penalty on medical malpractice liability insurance companies that violate this section.
Amends the Public Health Service Act to permit the Secretary, acting through the Administrator of the Health Resources and Services Administration, to award grants or contracts to geographic areas that have shortages of one or more types of health providers due to the cost of maintaining malpractice insurance.
Establishes the Independent Advisory Commission on Medical Malpractice Insurance, which shall investigate the recent dramatic increases in medical malpractice insurance premiums and formulate proposals to reduce such premiums.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Medical Malpractice and Insurance Reform Act of 2003
Latest action (Mar 24, 2003): Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.
Policy area: Health · Origin: House · Introduced: Mar 12, 2003
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.