H.R. 4039 · 111th Congress
Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2009
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Never voted on. It didn't reach a floor vote before the 111th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
R
DentSponsor2 cosponsors · 2 R
2 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2009 - Provides for reform of health care lawsuits by: (1) allowing a party against whom a judgment for medical malpractice has been awarded to pay future damages of $50,000 or more in periodic payments; (2) making each party liable for that party's share of damages only; (3) requiring a…
What it does: CRS summary · Introduced in House · Nov 6, 2009
Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2009 - Provides for reform of health care lawsuits by: (1) allowing a party against whom a judgment for medical malpractice has been awarded to pay future damages of $50,000 or more in periodic payments; (2) making each party liable for that party's share of damages only; (3) requiring a court to appoint a qualified specialist to review a health care lawsuit and file a statement of opinion regarding whether such lawsuit has a reasonable and meritorious basis; (4) requiring the losing party to pay the costs and reasonable attorneys fees of the prevailing party; (5) absolving health care providers from liability if such providers acted consistently with accepted clinical practice guidelines; and (6) providing that evidence of Medicare payments and reimbursements made to health care providers shall not, in a health care lawsuit, constitute a determination that a health care provider has or has not met the applicable standard of care.
Amends the Public Health Service Act to: (1) provide protections from civil liability for certain emergency medical personnel and health center volunteer practitioners; (2) grant incentive payments to states for medical liability reform; and (3) impose liability limits and other restrictions on health care lawsuits in states that have not adopted medical liability reforms.
Protects disaster relief volunteers, nonprofit organizations, and other entities from civil liability for injuries related to disaster relief services, except for injuries caused by willful, wanton, or reckless misconduct.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Ending Defensive Medicine and Encouraging Innovative Reforms Act of 2009
Latest action (Nov 7, 2009): Referred to the Subcommittee on Health.
Policy area: Health · Origin: House · Introduced: Nov 6, 2009
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.