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Medical Justice Act of 2007
To provide health care liability reform, and for other purposes.
Other Bill Titles (2 more) 9/10/2007--Introduced.
Medical Justice Act of 2007 - Sets forth provisions regulating civil actions for an injury or death as the result of health care.
Limits the non-economic damages that an individual may recover to:
(1) $250,000 from health care practitioners; />(2) $250,000 from any single health care institution; and
(3) $500,000 from the class of liable health care institutions.
Limits the total damages, including compensatory damages, that a person may recover from any single liable health care practitioner to $1,400,000. Provides that an insurer of a health care practitioner or health care institution is not liable for damages in excess of the liability of the insured for rejecting a reasonable settlement offer within policy limits.
Sets forth requirements for qualified expert reports.
Allows periodic or accrual payment for future damages.
Prohibits a jury from awarding punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous.
Makes each person liable only for a proportionate share of the total damages that directly corresponds to that person's responsibility.
Makes a person seeking damages liable for litigation costs incurred after rejection of a settlement offer if such person receives a judgment at trial that is significantly less favorable than the terms of the settlement offer.
Requires claims to be brought:
(1) within two years after the act or omission if the affected individual is over the age of 12; or
(2) before an affected individual under 12 attains the age of 14. Sets the statute of repose at no later than 10 years after the act or omission. Makes a health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis immune from liability for damages caused by that care, except for willful or wanton negligence or more culpable misconduct.
... moreSee Full Bill Text
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Amendments
This bill has no amendments.
Bill Status
| Introduced |  | Voted on by House | | Voted on by Senate | | Considered By President | | Bill Becomes Law |
| September 10, 2007 |
In the News
September 11, 2007 Medical Liability Reform Requires National Action, USA
... MD (TX-26) upon the introduction of his national medical liability legislation, HR 3509, the Medical Justice Act. "When individuals abuse the right to ...
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Blog Coverage
November 12, 2007 Texas Congressman Introduces Federal Bill Capping Damages in ...
Dubbed the Medical Justice Act (HR 3509), the bill also would provide certain instructions for juries to consider in their deliberations, as well as criteria for expert opinion and testimony in medical liability cases in civil court. ...
Source: Personal Injury Law Update
September 27, 2007 HR 3509 Help Patients, Hammers Shysters
Congressman Burgess, who represents Texasâs 26th District, modeled his âMedical Justice Act of 2007â (HR 3509) after his home stateâs highly successful medical liability reforms which have produced what is now widely referred to as â
Source: signonsandiego Forums
September 27, 2007 Co sponsor HR 3509
Congressman Burgess, who represents Texasâs 26th District, modeled his âMedical Justice Act of 2007â (HR 3509) after his home stateâs highly successful medical liability reforms which have produced what is now widely referred to as â
Source: talk | baltimoresun.com
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