House Approves Bill Capping Non-Economic Damages in Medical Malpractice Lawsuits

By Brittany Golledge

Published on August 02, 2005

This measure is the third medical malpractice reform bill to pass through the House over the last three years; others like it have been consistently voted down by Senate democrats.

The bill does not affect economic damages, including medical bills and lost wages. However, the initiative would limit punitive damages to no more than double what the plaintiff receives in economic damages.

Advocates of medical tort reform are hoping the bill will pass the Senate and reach the president, who is a proponent of medical reform initiatives.

Medical malpractice attorneys and House Democrats have argued that the $250,000 cap on pain and suffering damages will limit accountability in the pharmaceutical industry, as well as the health care industry. Republicans quickly countered by pointing out that injured plaintiffs still have the opportunity to file suit against physicians, hospitals, and pharmaceutical giants like Merck (makers of the prescription drug Vioxx).

In defense of the bill, republican sponsors are also pointing to the rapid rise of medical liability premiums across the country, claiming the new $250,000 cap on non-economic damages would reduce frivolous lawsuits and encourage doctors to return to practice. Opponents of the bill fear that the cap will discourage legitimate medical malpractice lawsuits.

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