Key Vote 108th Congress > Senate > Vote 474

Date: 2004-02-24

Result: 49-45 (Motion Rejected)

Clerk session vote number: 15

Vote Subject Matter: Civil Liberties / Domestic Social Policy

Bill number: S2061

Question: On the Motion

Description: A bill to improve women's health 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.

Bill summary: Healthy Mothers and Healthy Babies Access to Care Act of 2003 - 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. Allows the recovery of unlimited economic damages. Limits noneconomic damages to $250,000. Makes each party liable only (...show more) 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 percentage based on the amount awarded. Prescribes qualifications for expert witnesses. Permits the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled. Authorizes the award of punitive damages only where: (1) it is proven 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. Limits the liability of manufacturers, distributors, and providers of obstetrical or gynecological products that comply with Food and Drug Administration standards. Provides for periodic payments of future damage awards.

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Bill titles: A bill to improve women's health 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.

Links for more info on the vote: congress.gov

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