To authorize the Secretary of Health and Human Services to make grants to 5 States to establish medical malpractice tribunal pilot programs, and for other purposes.

Summary

Authorizes the Secretary of Health and Human Services (HHS) to make grants to five states to establish pilot programs under which: (1) each medical malpractice case is heard in the first instance by a medical tribunal composed of a state trial court judge, a physician, and a lawyer; and (2) the tribunal shall hear all evidence that would be admissible in state court and determine whether it would be sufficient to support a finding for the plaintiff. Permits the plaintiff to pursue a case through the state's usual judicial process: (1) if the tribunal determines that the evidence would be sufficient; or (2) if the tribunal determines that the evidence would be insufficient, but only after filing with the clerk of the court a bond in an amount determined by the state trial court judge. Permits the Secretary to award a grant to only a state that: (1) has an average cost of medical malpractice insurance that exceeds the national average; and (2) has not placed a limit on noneconomic damages in medical malpractice cases or established a medical tribunal program similar to the one described in this Act. Directs the Secretary to collect from each state that receives grant funds, after the end of the third fiscal year, certain data regarding: (1) changes in the average cost of medical malpractice insurance, the number of physicians actively practicing medicine, the number of medical malpractice liability insurance carriers, the amounts paid by such carriers pursuant to settlements or judgments, and the percentage of medical malpractice cases settled prior to trial; and (2) the number of cases that were considered meritorious by the tribunal, and the number that were considered nonmeritorious, that were tried to a judgment and the number of such judgments that were for the plaintiff.

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Timeline

1. 3 November 2009

   Introduced

   Referred to the House Committee on the Judiciary.

   Source: IntroReferral

2. 3 November 2009

   Introduced

   Introduced in House

   Source: IntroReferral

3. 3 November 2009

   Introduced

   Introduced in House

   Source: IntroReferral

Votes

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Versions

• Introduced in House · 3 November 2009 · Official file

Documents

3 official files

• Introduced in House (text)

  Introduced in House · EN · 3 November 2009

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• Introduced in House (PDF)

  Introduced in House · EN · 3 November 2009

  ViewDownloadOpen at official source

• Introduced in House

  summary · EN · 3 November 2009

  Open at official source

Sponsors

• Rep. Lee, Christopher J. [R-NY-26] · R · Sponsor
• Duncan Hunter · R · Sponsor
• · hsju00 · Standing

Related records

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