Medical Malpractice Insurance and Litigation Reform Act

Summary

Medical Malpractice Insurance and Litigation Reform Act - Declares that nothing in the McCarran-Ferguson Act shall be construed to permit commercial insurers to engage in price fixing, bid rigging, or market allocations while providing medical malpractice insurance, except that this section shall not apply to a State regulatory body with the authority to set insurance rates. Directs each State to allow any State-licensed health care professional to challenge a proposed rate increase in medical malpractice insurance. Requires a provider to justify any such rate increase to the State. Establishes the Federal Medical Malpractice Insurance Association in the Department of Health and Human Services, to provide malpractice insurance in States where it is not available at reasonable and customary terms. Prohibits any individual from bringing a medical malpractice liability action unless it is accompanied by the affidavit of a qualified specialist attesting to the reasonableness of the filing. Requires the attorney of a person filing such an action, or the individual if there is no attorney, to sign a certificate of merit attesting to the justified nature of the action. Directs courts to impose sanctions for violations of the provisions pertaining to the certificate of merit, including to issue fines for multiple offenders. Requires mediation, to be made available by the State, before a trial for any medical malpractice liability action. Applies this Act to medical malpractice liability actions in State or Federal courts except to any claim or action for damages from a vaccine-related injury or death to the extent that the Public Health Service Act applies to such actions. Preempts State law.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 6 March 2003

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• Introduced in House (PDF)

  Introduced in House · EN · 6 March 2003

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• Introduced in House

  summary · EN · 6 March 2003

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