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Medical Malpractice | Federal Tort Reform Enacted

The U.S. House of Representatives voted yesterday to limit the monetary damages that courts can award in medical malpractice cases.

The measure, approved 229-196 would cap punitive awards in malpractice suites at $250,000. It would apply to suits filed against doctors, hospitals, health maintenance organizations and maufacturers of drugs and medical devices.

This was a top goal of doctors, hospitals, many businesses and the Bush administration. The prognosis in the Senate is unclear as many Democrats oppose the bill and those in favor of it would need a 60 vote super-majority to overcome a potential filibuster.

Those supporting the measure believe the rising costs of malpractice insurance has caused some hospitals to close and many doctors to shut down their practices. Those who oppose the measure believe it would benefit powerful health care groups while penalizing citizens who may have been harmed by wrongful medical actions.