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WASHINGTON, DC – The U.S. House of Representatives voted today to address serious problems with the medical liability system – problems that hinder patients’ ability to get affordable, high quality health care. First District Congressman Paul Ryan cosponsored and voted in favor of the legislation, H.R. 4600, which helps bring common sense back to the health care liability system and make medical care more affordable and accessible. This legislation passed the House by a vote of 217-203.

"Though well-intentioned, the current legal system – with the unprecedented size of jury awards in some states – ends up hurting good doctors and their patients," Ryan said. "It has gotten to the point where, in many cases, doctors are having a hard time getting insurance because premiums have spiked or because major insurance carriers have pulled out of the market. At its worst, the system can drive doctors to give up their practices. That means fewer choices for patients and decreased access to care, on top of higher costs."

The legislation is modeled after California’s successful Medical Injury Compensation Reform Act (MICRA), enacted in 1976. According to data of the National Association of Insurance Commissioners, the rate of increase in medical professional liability premiums in California since MICRA was enacted has been 167%. In contrast, the rest of the country has experienced a 505% rate of increase. As a result, California residents have benefited from lower health care costs and a more stable supply of doctors.

H.R. 4600 includes provisions that would:

• Require those who are affected by medical malpractice to file health care lawsuits no later than three years after the date of the injury or one year after discovering the alleged malpractice, whichever occurs first. There are several exceptions to this limit, including cases of fraud or intentional concealment.
• Set a cap on noneconomic damages ("pain and suffering") of $250,000. (No limit is set on actual economic damages.)
• Caps punitive damages at $250,000 or twice the amount of economic damages, whichever is greater.
• Hold defendants liable for only the percentage of the damages for which they are at fault. (Currently, a defendant is liable for the entire sum of the damages, even when only partially at fault.)
• Reform current law to allow juries to hear evidence of payments received by plaintiffs from other sources.
• Limits contingent fee payments (in other words, where an attorney receives a percentage of the damage.

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