Senate to Vote Today on Medical Liability Bill

The U.S. Senate is scheduled to vote later today on S. 22, Medical Care Access Protection Act of 2006' or the "MCAP Act.”

The bill was introduced by Sen. John Ensign (R-MV), a veterinarian by profession.  There are 17 co-sponsors, including AAPS member Sen. Tom Coburn (R-OK).

Previous bills have been repeatedly defeated, with the votes shaping up mostly along party lines – Rs pro, Ds con. 

But this bill is a much more simple, straightforward one that has a slightly better, albeit, still low, chance of passing.  But Majority Leader Sen. Frist, M.D. has vowed that he will keep hammering away and bring a bill back for repeated votes until one is passed.

Here are the primary provisions of the bill:

1.  A cap on non-economic damages of $250,000 from a single party, and a total of $500,000 maximum.  

2.  The time limit for is 3 years, with some exceptions for children under age 6.

3.  Expert witnesses must be physicians licensed to practice, and active experts in that specific area of practice.

4.  Limits attorney contingency fees, starting at 40% of $50,000 to as low as 15% of $600k.

5.  "Fair Share Rule” includes several liability.

6.  Punitive are allowed only with clear and convincing proof of maliciousness intent.

7.  The law would NOT preempt state laws, whether monetary awards under state law are less or exceed federal limits.

In the past, AAPS has not taken a position on federal bills regarding medical liability out of concern of overreaching by the federal government, and potential for federal rules on standards of care that could be applied in litigation. But this bill does not appear to go in that direction.

If you want to join those supporting this bill, please call or write your Senators TODAY.

CLICK HERE TO CONTACT YOUR SENATORS

You may also sign a petition circulated by Doctors for Medical Liability Reform. 

CLICK HERE TO SIGN THE PETITION.