A $250,000 cap on noneconomic damages.
Reform of the "collateral source rule," which
prohibits the admission of evidence that a plaintiff's damages were or will be
compensated from some source—such as medical insurance or workmen's
compensation—other than the damages assessed against the defendant, and a ban
on subrogation by certain collateral sources. (Subrogation refers to the
efforts by insurance companies, or other sources, to recoup claims it has paid
Language from HR 816, the Provider Shield Act of
2011, that would prohibit new causes of action against physicians and other
health care providers based on standards or guidelines specified in the
Affordable Care Act.
protections for physicians and other health care providers so that evidence of
nonpayment or payment adjustments based on the Centers for Medicare and
Medicaid Services' policies would be inadmissible as evidence in a liability
claim or lawsuit to prove liability or establish a presumption of liability on
behalf of a physician or other health care provider.
protections for physicians and other health care providers who provide
emergency care or volunteer to treat victims of a disaster by requiring clear
and convincing burden of proof.
Reforms to require an individual who serves as an
expert witness in a liability case to meet standards of expertise and
Download citation file:
Please confirm that your email address is correct, so you can successfully receive this alert.
Read this week's Update
Sign Up for Psychiatric News Update newsletter