On March 13, the House approved, 229-196, a bill (H.R. 5) that would limit non-economic medical malpractice awards to $250,000 and limit attorneys’ fees. Sponsored by Rep. James Greenwood (R-PA), H.R. 5 would cap punitive damages at twice the economic damages, or at $250,000, whichever is greater.
Under the bill, punitive damages could not be awarded in cases that did not grant economic awards, and courts would be required to find “a substantial probability” that the plaintiff could win punitive damages before a request for such damages could be filed.
Rep. Deborah Pryce (R-OH) argued in support of H.R. 5, saying “Congress needs to act today and pass a medical liability reform plan that keeps our doctors practicing, alleviates patients’ suffering, and restores medical justice to this system.” Rep. Pryce also said that one of her constituents, “had to stop practicing obstetrics this year because he simply could not afford it. As a result, his patients…will now have to travel 50 or 60 miles further for prenatal care.”
Speaking in opposition to the bill, Rep. Lois Capps (D-CA) stated, “We should not be capping the awards for pain and suffering that an injured patient receives when they have been harmed by their doctor. This puts the burden of rising insurance rates onto the innocent patient rather than the insurance company.”
Under the rule, no amendments were permitted. House passage of H.R. 5 sends the bill to the Senate for consideration.
