summary
Introduced
In Committee
Crossed Over
Passed
Dead
Introduced Session
112th Congress
Bill Summary
Medical Care Access Protection Act of 2011 or the MCAP Act - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care 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. Requires a court to impose sanctions for the filing of frivolous lawsuits. Limits noneconomic damages to $250,000 from the provider or health care institution, but no more than $500,000 from multiple health care institutions. 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, biological product, or medical device for an approved indication. Provides for periodic payments of future damage awards.
AI Summary
This bill, the Medical Care Access Protection Act of 2011 (MCAP Act), aims to reform medical liability lawsuits to improve healthcare access and reduce costs. It establishes a three-year statute of limitations for filing lawsuits, with exceptions for fraud or concealment, and mandates sanctions for frivolous claims. The bill caps non-economic damages (like pain and suffering) at $250,000 per provider or institution, with a total cap of $500,000 from multiple institutions, while economic damages (like medical bills and lost wages) remain unlimited. It introduces a "fair share" rule, meaning each party is only responsible for damages proportional to their fault, and allows courts to limit attorney contingency fees, with a sliding scale based on the award amount. The MCAP Act also sets qualifications for expert witnesses in medical malpractice cases, requires courts to reduce damage awards by the amount of collateral source benefits (like insurance payments) unless the payor has a right to reimbursement, and limits punitive damages to twice the economic damages or $250,000, whichever is greater, and only if malicious intent or deliberate disregard for harm is proven by clear and convincing evidence. Furthermore, healthcare providers are protected from product liability or class action lawsuits for prescribing FDA-approved drugs or devices for their approved uses. Finally, the bill allows for future damage awards to be paid out over time through periodic payments.
Committee Categories
Health and Social Services
Sponsors (9)
John Ensign (R)*,
Lamar Alexander (R),
John Barrasso (R),
Richard Burr (R),
John Cornyn (R),
James Inhofe (R),
Jeff Sessions (R),
John Thune (R),
David Vitter (R),
Last Action
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (on 01/26/2011)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/112th-congress/senate-bill/197/all-info |
| BillText | http://gpo.gov/fdsys/pkg/BILLS-112s197is/pdf/BILLS-112s197is.pdf |
| Bill | http://gpo.gov/fdsys/pkg/BILLS-112s197is/pdf/BILLS-112s197is.pdf.pdf |
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