3.0.0 1734 2023-01-11T13:17:57Z 2023-01-11T13:17:57Z Senate S S 2009-09-30 111 ssju00 Judiciary Committee Senate Standing Referred to 2009-09-30T23:33:10Z Medical Care Access Protection Act of 2009 111 45 S 2009-01-06 Read twice and referred to the Committee on Health, Education, Labor, and Pensions. Related bill CRS 2009-09-30 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2009-09-30 Introduced in Senate IntroReferral 10000 9 Library of Congress K000352 Sen. Kyl, Jon [R-AZ] Jon Kyl R AZ Llewellyn N C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX 2009-09-30 True Health Alternative dispute resolution, mediation, arbitration Civil actions and liability Evidence and witnesses Federal preemption Health care quality Health facilities and institutions Health personnel Immunology and vaccination Health 00 2009-09-30 Introduced in Senate 2010-04-22T20:46:14Z Medical Liability Reform Act of 2009 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of health care services. Imposes no limitation on recoverable economic damages. Limits recoverable noneconomic damages with respect to the same occurrence to: (1) $250,000 from a provider or a single health care institution; and (2) $500,000 from multiple health institutions. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility.

Prescribes qualifications for expert witnesses. Prohibits an expert witness from testifying if the witness's fee is contingent on the outcome of the lawsuit.

Requires the claimant: (1) to certify with the claim whether expert opinion testimony is necessary to prove the health care professional's standard of care or liability for the claim; and (2) upon certifying that such testimony is necessary, to serve a preliminary expert opinion affidavit. Directs the court to dismiss the claim without prejudice if the claimant fails to serve a preliminary expert opinion affidavit after certifying that an affidavit is necessary or after the court has ordered the claimant to serve an affidavit.

Sets forth provisions concerning: (1) the applicability of this Act to Public Health Service Act provisions pertaining to civil actions brought for a general vaccine or smallpox vaccine injury; and (2) preemption of state laws.

]]> Medical Liability Reform Act of 2009 Display Title Medical Liability Reform Act of 2009 Official Title as Introduced A bill to reduce the cost of health care and ensure patient access to doctors by ending excessive malpractice verdicts through common-sense lawsuit reform. Introduced in Senate IS Short Titles as Introduced Medical Liability Reform Act of 2009 Introduced in Senate 2009-09-30T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-111s1734is/xml/BILLS-111s1734is.xml 2009-09-30 Read twice and referred to the Committee on the Judiciary. 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.