H.R. 6246 · 109th Congress
Physicians and Taxpayers Protection from Frivolous Litigation Act of 2006
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Never voted on. It didn't reach a floor vote before the 109th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
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PaulSponsorNo cosponsors.
Physicians and Taxpayers Protection from Frivolous Litigation Act of 2006 - Sets forth provisions regulating federal lawsuits for health care liability claims or actions concerning the provision of health care services or medical products pursuant to any federal program.
What it does: CRS summary · Introduced in House · Sep 28, 2006
Physicians and Taxpayers Protection from Frivolous Litigation Act of 2006 - Sets forth provisions regulating federal lawsuits for health care liability claims or actions concerning the provision of health care services or medical products pursuant to any federal program.
Allows any such health care lawsuit brought in a state court to be removed to a federal court. Gives the U.S. district court jurisdiction over any health care lawsuit.
Requires the court to impose sanctions for the filing of frivolous lawsuits.
Sets a statute of limitations for commencing such a health care lawsuit in federal court of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.
Provides that nothing in this Act limits recovery of the full amount of available 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 introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death.
Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury such person knew 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.
Provides for periodic payments of future damage awards.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Physicians and Taxpayers Protection from Frivolous Litigation Act of 2006
Latest action (Oct 2, 2006): Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman .
Policy area: Law · Origin: House · Introduced: Sep 28, 2006
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.