Bill > S1769

This bill, titled the Standard of Care Protection Act, aims to prevent federal healthcare regulations and guidelines from being used to establish the legal standard of care or duty of care that healthcare providers owe to their patients in lawsuits related to medical malpractice or medical product liability. In simpler terms, even if a federal law or rule sets a specific guideline for how a healthcare provider should act, this bill states that this guideline cannot automatically be used in court to prove that the provider was negligent if something goes wrong. The bill defines "federal health care provision" to include major laws like the Affordable Care Act and parts of the Social Security Act that deal with Medicare and Medicaid. It also clarifies that a "healthcare provider" is anyone licensed or required to be licensed to provide health services, and defines "medical malpractice or medical product liability action or claim" broadly to cover lawsuits about patient care, as well as claims related to a provider prescribing or giving drugs, devices, or biological products. Importantly, the bill also explicitly states that these federal laws do not override or preempt any existing state or common law that governs medical malpractice or product liability cases.