3.0.0 3509 2023-01-11T20:30:58Z 2023-01-11T20:30:58Z House H HR 2007-09-10 110 hsju00 Judiciary Committee House Standing Referred to 2007-09-10T14:31:00Z 2007-10-02 Sponsor introductory remarks on measure. (CR H11149-11155) IntroReferral B00100 9 Library of Congress 2007-09-10 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2007-09-10 Introduced in House IntroReferral Intro-H 9 Library of Congress 2007-09-10 Introduced in House IntroReferral 1000 9 Library of Congress B001248 Rep. Burgess, Michael C. [R-TX-26] Michael Burgess R TX C. 26 N Health Civil actions and liability Commerce Damages Emergency Management Emergency medicine Finance and Financial Sector Good samaritan laws Insurance companies Juries Law Legal fees Liability (Law) Limitation of actions Medical malpractice Negligence Punitive damages Witnesses Health 00 2007-09-10 Introduced in House 2007-12-14T19:42:08Z Medical Justice Act of 2007 - Sets forth provisions regulating civil actions for an injury or death as the result of health care.

Limits the non-economic damages that an individual may recover to: (1) $250,000 from health care practitioners; (2) $250,000 from any single health care institution; and (3) $500,000 from the class of liable health care institutions.

Limits the total damages, including compensatory damages, that a person may recover from any single liable health care practitioner to $1,400,000.

Provides that an insurer of a health care practitioner or health care institution is not liable for damages in excess of the liability of the insured for rejecting a reasonable settlement offer within policy limits.

Sets forth requirements for qualified expert reports.

Allows periodic or accrual payment for future damages.

Prohibits a jury from awarding punitive or exemplary damages against a health care practitioner or health care institution unless the jury is unanimous.

Makes each person liable only for a proportionate share of the total damages that directly corresponds to that person's responsibility.

Makes a person seeking damages liable for litigation costs incurred after rejection of a settlement offer if such person receives a judgment at trial that is significantly less favorable than the terms of the settlement offer.

Requires claims to be brought: (1) within two years after the act or omission if the affected individual is over the age of 12; or (2) before an affected individual under 12 attains the age of 14. Sets the statute of repose at no later than 10 years after the act or omission.

Makes a health care practitioner or health care institution that provides emergency health care on a Good Samaritan basis immune from liability for damages caused by that care, except for willful or wanton negligence or more culpable misconduct.

]]> Medical Justice Act of 2007 Official Title as Introduced To provide health care liability reform, and for other purposes. Introduced in House IH Display Title Medical Justice Act of 2007 Short Titles as Introduced Medical Justice Act of 2007 Introduced in House 2007-09-10T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110hr3509ih/xml/BILLS-110hr3509ih.xml 2007-10-02 Sponsor introductory remarks on measure. (CR H11149-11155) 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.