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The HEALTH Act of 2005 (S. 354) proposes national standards for medical malpractice lawsuits to limit the amount of money awarded in legal settlements. The bill would cap "noneconomic" damages—compensation for things like pain and suffering—at $250,000, while leaving no limit on "economic" damages, such as medical bills or lost wages.
For citizens, this legislation would establish a shorter timeframe to file a lawsuit (generally within three years of an injury) and limit the percentage of an award that attorneys can collect in fees. Additionally, the bill would make it harder to sue doctors for prescribing FDA-approved medications and would set higher legal bars for receiving punitive damages. While the bill was introduced in 2005, it did not progress past the introductory stage in the Senate.
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