S.366 - Healthy Mothers and Healthy Babies Access to Care Act of 2005

A bill to improve women's access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the delivery of obstetrical and gynecological services. view all titles (2)

All Bill Titles

  • Short: Healthy Mothers and Healthy Babies Access to Care Act of 2005 as introduced.
  • Official: A bill to improve women's access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the delivery of obstetrical and gynecological services. as introduced.

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Introduced
 
Senate
Passes
 
House
Passes
 
President
Signs
 

 
02/10/05
 
 
 
 
 
 
 

Official Summary

Healthy Mothers and Healthy Babies Access to Care Act of 2005 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical or gynecological goods or services. Sets a statute of limitations of three years after the date of manifestation

Official Summary

Healthy Mothers and Healthy Babies Access to Care Act of 2005 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical or gynecological goods or services. Sets a statute of limitations 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 court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Requires the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled, unless the payor of such benefits has the right to reimbursement or subrogation under Federal or State law. 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 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. Prohibits a health care provider from being named as a party in a product liability or class action lawsuit for prescribing or dispensing a Food and Drug Administration (FDA)-approved prescription drug or device. Provides for periodic payments of future damage awards.

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