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HEALTH Act Of 2005 Passes the House

Jul 28, 2005

Washington, Jul 28, 2005 - The Help Efficient, Accessible, Low Cost, Timely Health Care (HEALTH) Act Of 2005 was approved on the floor of the House of Representatives. This vital legislation reforming the health care liability system, including compensation for injured patients and other issues arising out of health care law suits. The measure provides for a three-year statute of limitations with certain exceptions for minors, fraud, intentional concealment, and the presence of a foreign body. It provides for a $250,000 cap on non-economic or "pain and suffering" damages. Guidelines governing the award of punitive damages provide that awards not exceed the greater of $250,000 or twice economic damages. Damages are governed by a "fair share" rule, by which damages are allocated fairly, in direct proportion to fault.

Congressman Dana Rohrabacher said: “Trial lawyers have had a field day with frivolous lawsuits. Instead of permitting a system that allows lawyers to line their pockets while the plaintiffs receive little compensation for suffering, this bill ensures that the lawsuit helps the victim and doesn’t bankrupt businesses through out-of-control settlements.”