ACTION ALERT
National Conference of State Legislatures
Office of State-Federal Relations
March 15, 2005
Protect State Authority Over Medical Malpractice Tort Reform
Congress is poised to act on federal medical malpractice legislation as early as the first week in April. Companion bills have been introduced for the 2005 legislative session in both the U.S. Senate and House of Representatives, S 354 and HR 534. The regulation of medical liability laws has always been within the purview of the states, and the proposed federal legislation would impose preemptive standards on states regarding non-economic and punitive damage caps, statutes of limitations, attorney fees, evidentiary support, and other aspects of the medical malpractice issue. The states must speak up now or be forced to relinquish legislative control over this issue. Congress has been silent on the issue of traditional state authority and the ability of states to regulate their civil justice systems.
STATE LEGISLATORS MUST CONTACT THEIR MEMBERS OF CONGRESS
AND URGE THEM TO OPPOSE THE PASSAGE OF ANY FEDERAL MEDICAL MALPRACTICE LEGISLATION.
Background – The U.S. House of Representatives passed HR 5 in March 2003 and HR 4280 in May 2004. Both bills preempted state tort laws governing statutes of limitations, the awarding of non-economic and punitive damages, the drafting of pleadings, the introduction of evidence, and the regulation of attorney fees. Several bills were introduced in the U.S. Senate aimed at regulating specific medical fields in 2003 and 2004. All were defeated. S 354 and HR 534 are further attempts to impose the same provisions introduced in the last Congress.
NCSL Position – NCSL regards the regulation of medical professionals as a purely state matter. NCSL opposes any federal intervention relating to medical malpractice tort reform.
- Remind your Members of Congress that medical malpractice tort reform is a state matter and the federal government should not intervene.
- Remind your Members of Congress of the specific regulations and guidelines in your state that already exist in your state addressing court procedures relating to the drafting of pleadings, the introduction of evidence, and the awarding of attorney fees. Inform them that a federal one-size-fits-all solution is not the answer to whatever issues exist in your state.
- Inform your Members of Congress that malpractice reform was enacted in almost 10 states in 2004. In the 2005 legislative session, 39 states have responded to calls for reform by introducing over 300 bills. While still early in the session, bills have already been passed in Georgia, Virginia, and Wyoming. Explain any reform bills pending in your state.
For more information, please contact Susan Parnas Frederick or Trina Caudle at NCSL at 202-624-5400.
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