Professionals' Liability Reform Act of 1988

Summary

Professionals' Liability Reform Act of 1988 - Establishes certain limitations and procedures regarding professional liability actions. Preempts inconsistent State laws. Provides that nothing in this Act shall prohibit any State from developing or implementing alternative procedures for: (1) expediting the adjudication of professional liability claims; (2) resolving professional liability disputes; or (3) compensating for harm caused by professional services. Requires the claimant, in any professional liability action, to establish: (1) that the professional negligently rendered professional services and that such negligence was the proximate cause of the harm; or (2) in a claim for economic injury, that the professional negligently rendered professional services to and for the direct and intended benefit of the claimant, and such services were the proximate cause of the harm. Requires the claimant to establish that, at the time such services were provided, knowledge of the circumstances that caused the harm and a practical means to eliminate such circumstances were reasonably available. States that a professional shall not be liable in a professional liability action in which: (1) the professional's services were rendered to an agency of the Federal or State government; (2) Federal or State contract specifications existed which were material to the claim; and (3) the services rendered conformed to such specifications. Permits future damage awards exceeding $100,000 to be made by periodic payments. Requires that damage awards be offset by any amount received as compensation for the same injury. Establishes a contingency fee schedule for plaintiffs' attorneys. States that the principles of comparative liability shall apply unless persons engaged in concerted action which proximately caused the harm. Permits the awarding of punitive damages only where the conduct of the defendant: (1) manifested a malicious and reckless disregard for safety; and (2) constituted an extreme departure from accepted standards of safety. States that punitive damages may not be awarded in the absence of a compensatory award. Limits the claimant's actual recovery of punitive damages to three times the amount of compensatory damages. States that excess punitive damages shall be paid to the State or Federal government. Sets forth factors to be considered by the court in determining the amount of punitive damages, which include the financial condition of the professional. Makes any attorney who files a frivolous claim subject to pecuniary sanctions by the court. Requires each State to encourage professional organizations to form risk management programs.

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Timeline

1. 30 March 1988

   Introduced

   Introduced in House

   Source: IntroReferral

2. 30 March 1988

   Introduced

   Referred to House Committee on Energy and Commerce.

   Source: IntroReferral

3. 30 March 1988

   Introduced

   Introduced in House

   Source: IntroReferral

4. 8 April 1988

   Referred

   Referred to Subcommittee on Monopolies and Commercial Law.

   Source: Committee

5. 3 May 1988

   Referred

   Referred to Subcommittee on Commerce, Consumer Protection, and Competitiveness.

   Source: Committee

Votes

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Versions

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Documents

1 official file

• Introduced in House

  summary · EN · 30 March 1988

  Open at official source

Sponsors

• Rep. Ritter, Don [R-PA-15] · R · Sponsor
• Rep. Lagomarsino, Robert J. [R-CA-19] · R · Sponsor
• Rep. Davis, Jack [R-IL-4] · R · Sponsor
• Rep. Wortley, George C. [R-NY-27] · R · Sponsor
• Rep. Boehlert, Sherwood [R-NY-25] · R · Sponsor
• Rep. Kolbe, Jim [R-AZ-5] · R · Cosponsor
• Rep. Bentley, Helen Delich [R-MD-2] · R · Cosponsor
• Rep. Ravenel, Arthur, Jr. [R-SC-1] · R · Cosponsor
• Rep. Hammerschmidt, John P. [R-AR-3] · R · Cosponsor
• Rep. Sundquist, Don [R-TN-7] · R · Cosponsor
• Rep. Porter, John Edward [R-IL-10] · R · Cosponsor
• · hsif00 · Standing
• · hsju00 · Standing

Related records

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