Summary
H.R. 4600, the HEALTH Act of 2002, proposes federal standards for medical malpractice lawsuits to limit the amount of money patients can recover and the timeframe in which they can sue. The bill would cap "noneconomic" damages—such as compensation for pain and suffering—at $250,000, while allowing patients to continue recovering the full cost of "economic" losses, such as medical bills and lost wages.
For citizens, this legislation would establish a strict statute of limitations, generally requiring legal action to be taken within three years of an injury or one year of its discovery. It also limits the fees attorneys can collect from settlements and provides legal protections for pharmaceutical companies and healthcare providers regarding FDA-approved drugs and medical devices. While the bill sets federal limits, it allows states to maintain their own laws if those laws offer even greater protections for healthcare providers against liability.
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