Physicians and Taxpayers Protection from Frivolous Litigation Act of 2006

Summary

Physicians and Taxpayers Protection from Frivolous Litigation Act of 2006 - Sets forth provisions regulating federal lawsuits for health care liability claims or actions concerning the provision of health care services or medical products pursuant to any federal program. Allows any such health care lawsuit brought in a state court to be removed to a federal court. Gives the U.S. district court jurisdiction over any health care lawsuit. Requires the court to impose sanctions for the filing of frivolous lawsuits. Sets a statute of limitations for commencing such a health care lawsuit in federal court of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury such person knew the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Provides for periodic payments of future damage awards.

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3 official files

• Introduced in House (text)

  Introduced in House · EN · 28 September 2006

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• Introduced in House (PDF)

  Introduced in House · EN · 28 September 2006

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• Introduced in House

  summary · EN · 28 September 2006

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