Pregnancy and Trauma Care Access Protection Act of 2004

Summary

Pregnancy and Trauma Care Access Protection Act of 2004 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical, gynecological, emergency, or trauma care goods or services. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Allows the recovery of unlimited 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 court to restrict the payment of attorney contingency fees. Limits the fees to a percentage based on the amount awarded. Prescribes qualifications for expert witnesses. Permits the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled. Authorizes the award of punitive damages only where: (1) it is proven that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury 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. Limits the liability of manufacturers, distributors, suppliers, marketers, promoters, sellers, and providers of obstetrical, gynecological, emergency, or trauma care services products that comply with Food and Drug Administration standards. Provides for periodic payments of future damage awards.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 12 March 2004

   Calendars

   Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

   Source: Calendars

2. 12 March 2004

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 22 March 2004

   Calendars

   Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 462.

   Source: Calendars

4. 2 April 2004

   Floor

   Motion to proceed to consideration of measure made in Senate. (consideration: CR S3599-3600; text: CR S3599)

   Source: Floor

5. 6 April 2004

   Floor

   Motion to proceed to measure considered in Senate. (consideration: CR S3742-3784)

   Source: Floor

6. 7 April 2004

   Floor

   Motion to proceed to measure considered in Senate. (consideration: CR S3877-3880, S3894)

   Source: Floor

Votes

No vote records are attached yet.

Versions

• Placed on Calendar Senate · 22 March 2004 · Official file
• Introduced in Senate · 12 March 2004 · Official file

Documents

5 official files

• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN · 22 March 2004

  ViewDownloadOpen at official source

• Placed on Calendar Senate (PDF)

  Placed on Calendar Senate · EN · 22 March 2004

  ViewDownloadOpen at official source

• Introduced in Senate (text)

  Introduced in Senate · EN · 12 March 2004

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 12 March 2004

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 12 March 2004

  Open at official source

Sponsors

• Rep. Gregg, Judd [R-NH-2] · R · Sponsor
• Sen. Ensign, John [R-NV] · R · Sponsor
• John Cornyn · R · Cosponsor
• Sen. Fitzgerald, Peter [R-IL] · R · Cosponsor
• Sen. Hatch, Orrin G. [R-UT] · R · Cosponsor
• Sen. Warner, John [R-VA] · R · Cosponsor
• Sen. Hagel, Chuck [R-NE] · R · Cosponsor
• Sen. Voinovich, George V. [R-OH] · R · Cosponsor

Related records

• related to → Healthy Mothers and Healthy Babies Access to Care Act of 2003