3.0.0 2207 2023-01-15T11:03:08Z 2023-01-15T11:03:08Z Senate S S 2004-03-12 108 Healthy Mothers and Healthy Babies Access to Care Act of 2003 108 2061 S 2004-02-24 Motion to proceed to consideration of measure withdrawn in Senate. Related bill House 2004-04-07 Senate Motion to proceed to consideration of measure withdrawn in Senate. Floor 2004-04-07 Senate Cloture on the motion to proceed not invoked in Senate by Yea-Nay Vote. 49 - 48. Record Vote Number: 66. (consideration: CR S3894; text: CR S3894) Floor 66 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1082/vote_108_2_00066.xml Senate 108 2004-04-07T18:32:28Z 2 2004-04-07 Senate Motion to proceed to measure considered in Senate. (consideration: CR S3877-3880, S3894) Floor 2004-04-06 Senate Motion to proceed to measure considered in Senate. (consideration: CR S3742-3784) Floor 2004-04-02 Senate Motion to proceed to consideration of measure withdrawn in Senate. Floor 2004-04-02 Senate Cloture motion on the motion to proceed presented in Senate. (consideration: CR S3599; text: CR S3599) Floor 2004-04-02 Senate Motion to proceed to consideration of measure made in Senate. (consideration: CR S3599-3600; text: CR S3599) Floor 2004-03-22 Senate Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 462. Calendars 2004-03-12 Senate Read the first time. Placed on Senate Legislative Calendar under Read the First Time. Calendars 2004-03-12 Introduced in Senate IntroReferral 10000 9 Library of Congress G000445 Sen. Gregg, Judd [R-NH] Judd Gregg R NH N E000194 Sen. Ensign, John [R-NV] JOHN ENSIGN R NV 2004-03-12 True C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX 2004-04-06 False F000442 Sen. Fitzgerald, Peter [R-IL] PETER FITZGERALD R IL 2004-04-06 False H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2004-04-06 False W000154 Sen. Warner, John [R-VA] JOHN WARNER R VA WILLIAM 2004-04-07 False H001028 Sen. Hagel, Chuck [R-NE] CHUCK HAGEL R NE 2004-04-07 False V000126 Sen. Voinovich, George V. [R-OH] GEORGE VOINOVICH R OH V. 2004-04-07 False Health Accident insurance Accreditation (Medical care) Civil actions and liability Civil procedure Class actions (Civil procedure) Collection of accounts Commerce Compensation (Law) Conflict of interests Crime and Law Enforcement Damages Drug approvals Education Emergency Management Emergency medicine Evidence (Law) Expert witnesses Federal preemption Finance and Financial Sector Fines (Penalties) Government Operations and Politics Gynecology Health insurance Higher education Insurance premiums Juries Labeling Labor and Employment Law Legal ethics Legal fees Liability (Law) Licenses Limitation of actions Medical economics Medical education Medical malpractice Medical personnel Medical supplies Obstetrics Packaging Physicians Products liability Punitive damages Smallpox State laws Trauma care Vaccination Vaccines Valuation Women Women's health Workers' compensation Health 00 2004-03-12 Introduced in Senate 2004-04-02T13:49:46Z Pregnancy and Trauma Care Access Protection Act of 2004 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical, gynecological, emergency, or trauma care goods or services.

Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions.

Allows the recovery of unlimited economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility.

Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a percentage based on the amount awarded.

Prescribes qualifications for expert witnesses.

Permits the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled.

Authorizes the award of punitive damages only where: (1) it is proven that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000.

Limits the liability of manufacturers, distributors, suppliers, marketers, promoters, sellers, and providers of obstetrical, gynecological, emergency, or trauma care services products that comply with Food and Drug Administration standards.

Provides for periodic payments of future damage awards.

]]> Pregnancy and Trauma Care Access Protection Act of 2004 Display Title Pregnancy and Trauma Care Access Protection Act of 2004 Official Title as Introduced A bill to improve women's access to health care services, and the access of all individuals to emergency and trauma care services, by reducing the excessive burden the liability system places on the delivery of such services. Introduced in Senate IS Short Titles as Introduced Pregnancy and Trauma Care Access Protection Act of 2004 Placed on Calendar Senate 2004-03-22T05:00:00Z Introduced in Senate 2004-03-12T05:00:00Z 2004-04-07 Motion to proceed to consideration of measure withdrawn in Senate. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.