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Medical liability proposal

January 30, 2011 Reprints

The Help Efficient, Accessible, Low-Cost, Timely Healthcare Act of 2011 was introduced by Rep. Phil Gingrey, R-Ga., and had six co-sponsors. Key provisions of H.R. 5 include:

• Capping noneconomic damages in health care liability lawsuits at $250,000

• Capping punitive damages in health care suits at $250,000 or twice economic damages, whichever is greater

• Instituting a “fair share rule” making each party responsible only for its share of damages and not those of any other party

• Allowing evidence of collateral-source benefits

• Limiting the percentage of an award paid as attorney contingent fees based on a sliding scale

Source: Thomas.gov

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Medical liability proposal

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