{
  "id": "RL33406",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL33406",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 314759,
      "date": "2006-05-08",
      "retrieved": "2016-04-07T19:03:08.138029",
      "title": "Medical Malpractice Bills: S. 22 and S. 23, 109th Congress",
      "summary": "Medical malpractice suits are governed, for the most part, by state law.  S. 22 , 109th\nCongress, the Medical Care Access Protection Act of 2006, or \"MCAP Act,\" would impose federal\nstandards on some aspects of medical malpractice suits, but it would leave other aspects to continue\nto be governed by state law. Unlike other pending medical malpractice bills, such as\n H.R. 5  and  S. 354 , S.  22 would not apply to products liability\nsuits (i.e., it would apply only to medical malpractice suits against health-care providers, not to suits\nagainst manufacturers or sellers of defective medical products that cause injury).  S. 23 ,\nthe Healthy Mothers and Healthy Babies Access to Care Act, is identical to S.  22, except\nthat S.  23 would apply only to suits alleging malpractice in connection with obstetrical or\ngynecological goods or services. This report summarizes the main provisions of S.  22 and\nS.  23.\n These provisions include placing caps on noneconomic and punitive damages, eliminating joint\nand several liability, eliminating the collateral source rule when there is no right of subrogation,\nlimiting lawyers' contingent fees, prescribing qualifications for expert witnesses, creating a federal\nstatute of limitations, expanding Rule 11 sanctions, and authorizing periodic payment of future\ndamages.  S. 22  and  S. 23  would not preempt state laws that are more\nfavorable to defendants; however, in cases against defendants other than the United States, the\nproposed legislation would not preempt state caps on damages, whether they are higher or lower than\nthe bills' caps.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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      "topics": []
    }
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  "topics": []
}