This week, two House Committees will be considering legislation introduced by Rep. James Greenwood (R-PA) intended to place a cap on non-economic damages in medical malpractice suits. The HEALTH Act (HR 5) would implement a $250,000 limit on both punitive damages and pain and suffering damages sought by plaintiffs in medical liability lawsuits. Currently, there exists no federal law that limits jury awards in medical malpractice cases, but some states like California do have laws that limit non-economic damages.

Greenwood's bill has 108 cosponsors in the House, but support in the Senate is tenuous. Just last year, medical malpractice reform failed to pass the Senate, with ardent opposition from numerous advocacy groups including the American Trial Lawyers Association (ATLA). This year, groups that represent doctors and hospitals, including the American Medical Association (AMA), have assiduously pushed for medical liability reform. In some states like New Jersey and Pennsylvania, doctors and hospitals have called for malpractice reform to mitigate the rising malpractice insurance rates, which has drove many doctors to either strike or move their practice. The AMA feels that excessive jury awards have precipitated the rise in insurance rates for doctors, especially specialists in high-risk fields. The ATLA feels that insurance companies are mostly to blame for the current crisis. As a result of the slowed economy and lower stock prices, the ATLA has argued that insurance companies have raised insurance fees to recoup losses in the stock market.

The bill would also limit the amount of money that lawyers could collect if plaintiffs received non-economic damages.

On March 5, the House Judiciary Committee will mark up HR 5 and the House Energy and Commerce Committee will mark up part of the measure the following day. The bill could reach the House floor by next week.