House bill would limit med mal noneconomic damages

WASHINGTON—A bipartisan group of lawmakers has introduced a bill that would limit noneconomic damages in medical malpractice cases, among other things.

Under the Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2011—H.R. 5—punitive damages, where permitted, also would be limited to the greater of $250,000 or twice economic damages in medical malpractice awards.

Noneconomic damages would be capped at $250,000.

The measure also would limit attorney contingent fees in medical malpractice cases on sliding scale to a maximum of 40% on the first $50,000 to 15% on awards of more than $600,000.

The bill was introduced Monday by Rep. Phil Gingrey, R-Ga., a physician, and co-sponsored by Rep. David Scott, D-Ga., and House Judiciary Committee Chairman Lamar Smith, R-Texas.