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Medical Malpractice Liability Reform: H.R. 5, 109th Congress

Description: This report discusses H.R. 5, which would preempt state law regarding some aspects of medical malpractice liability and liability for defective medical products, including drugs. The legislation would among other things, place caps on noneconomic and punitive damages (in states that have not enacted and do not enact caps), eliminate joint and several liability, modify the collateral source rule, limit lawyers' contingent fees, enact a federal statute of limitations, and provide for periodic payment of future damages.
Date: January 18, 2006
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Medical Malpractice Liability Insurance and the McCarran-Ferguson Act

Description: This report provides an overview of the current medical malpractice insurance situation and insurance market structure, summarizes the provisions of both S. 352 and the McCarran-Ferguson Act of 1945, and examines arguments for and against modifying the McCarran-Ferguson Act.
Date: March 19, 2003
Creator: King, Rawle O.
Partner: UNT Libraries Government Documents Department

Federal Tort Claims Act

Description: The Federal Tort Claims Act is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. This report discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defense to products liability design defect suits.
Date: April 27, 2009
Creator: Cohen, Henry & Cohen, Henry
Partner: UNT Libraries Government Documents Department