HR 896

112th CONGRESS
1st Session

H. R. 896

To provide health care liability reform, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 3, 2011

Mr. BURGESS (for himself, Mr. BRADY of Texas, Mr. FLORES, Mr. FARENTHOLD, Mr. CARTER, Mr. MCCAUL, Mr. OLSON, Mr. MARCHANT, and Mr. NEUGEBAUER) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To provide health care liability reform, and for other purposes.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

SEC. 2. CAP ON NON-ECONOMIC DAMAGES AGAINST HEALTH CARE PRACTITIONERS.

SEC. 3. CAP ON NON-ECONOMIC DAMAGES AGAINST HEALTH CARE INSTITUTIONS.

SEC. 4. CAP, IN WRONGFUL DEATH CASES, ON TOTAL DAMAGES AGAINST ANY SINGLE HEALTH CARE PRACTITIONER.

SEC. 5. LIMITATION OF INSURER LIABILITY WHEN INSURER REJECTS CERTAIN SETTLEMENT OFFERS.

SEC. 6. MANDATORY JURY INSTRUCTION ON CAP ON DAMAGES.

SEC. 7. DETERMINATION OF NEGLIGENCE; MANDATORY JURY INSTRUCTION.

SEC. 8. EXPERT REPORTS REQUIRED TO BE SERVED IN CIVIL ACTIONS.

SEC. 9. EXPERT OPINIONS RELATING TO PHYSICIANS MAY BE PROVIDED ONLY BY ACTIVELY PRACTICING PHYSICIANS.

SEC. 10. PAYMENT OF FUTURE DAMAGES ON PERIODIC OR ACCRUAL BASIS.

SEC. 11. UNANIMOUS JURY REQUIRED FOR PUNITIVE OR EXEMPLARY DAMAGES.

SEC. 12. PROPORTIONATE LIABILITY.

SEC. 13. DEFENSE-INITIATED SETTLEMENT PROCESS.

SEC. 14. STATUTE OF LIMITATIONS; STATUTE OF REPOSE.

SEC. 15. LIMITATION ON LIABILITY FOR GOOD SAMARITANS PROVIDING EMERGENCY HEALTH CARE.

SEC. 16. DEFINITIONS.

END