Senate Budget Committee Chairman Judd Gregg (R-N.H.) and Sen. John Ensign (R-Nev.) introduced a bill that would cap noneconomic damages in medical malpractice cases at $250,000, mirroring past legislation that has repeatedly failed in the Senate. The bill also would place a three-year statute of limitation on malpractice suits and set criteria for establishing malicious intent or deliberate failure to act by the provider in order to win punitive damages. (The
AMC/NOMA supports the provision of this legislation.)
In addition, a bill was introduced in the House by Reps. Pete Stark (D-Calif.) and Steven LaTourette (R-Ohio), similar to laws passed in several states, that would limit mandatory overtime for nurses to 12 hours in a 24-hour period and 80 hours over 14 days. Sen. Edward Kennedy (D-Mass.) is expected to introduce companion legislation in the Senate.