The Senate, debating a far-reaching proposal to limit punitive damage awards against doctors and other health-care providers, is moving toward its first votes after years of efforts by proponents.
As part of their debate on product liability laws, senators are considering extending a proposed cap on punitive damages to health-care providers. An amendment by Sens. Mitch McConnell, R-Ky., Nancy Kassebaum, R-Kan., and Joseph Lieberman, D-Conn., would establish a uniform, nationwide standard of medical malpractice law, pre-empting state laws.The amendment would limit punitive damage awards in malpractice cases to three times the amount of economic damages, or $250,000, whichever is greater. It also would limit attorneys' contingency fees in such cases to one-third of the first $150,000 awarded to clients and one-quarter of any award over $150,000.
The Senate was expected to vote Tuesday on the provision and other medical-malpractice amendments to the product liability bill.