S.2207 - Pregnancy and Trauma Care Access Protection Act of 2004108th Congress (2003-2004)
Summary: S.2207 — 108th Congress (2003-2004)All Bill Information (Except Text)
Introduced in Senate (03/12/2004)
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.