A measure limiting medical malpractice suit pain and suffering awards, that passed the House Wednesday, faces an uphill battle, but insurance industry representatives are hopeful it will be the next Senate victory for advocates of litigation reform.
The legislation–known as the Help Efficient, Accessible, Low-Cost, Timely Healthcare Act, or HR 5–passed the House by a vote of 226-200.
Under the bill, non-economic "pain and suffering" damages in medical malpractice lawsuits would be limited to $250,000. The bill also would pre-empt state laws on punitive damages, allowing them only in cases with clear and convincing evidence of malicious intent.
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