Posted March 31, 2004
ACTION ALERT
National Conference of State Legislatures
Office of State-Federal Relations
March 31, 2004
NCSL opposes any federal legislation relating to medical malpractice tort reform that preempts states’ laws.
Senate Majority Leader Bill Frist (R-TN) will move legislation (S. 2207) Friday, April 2 to impose preemptive federal standards on states regarding non-economic and punitive damage caps, statutes of limitations, attorney fees, and the introduction of evidence in medical malpractice lawsuits involving emergency and trauma care professionals, obstetricians and gynecologists.
STATE LEGISLATORS MUST CONTACT THEIR SENATORS AND URGE THEM TO OPPOSE S. 2207.
Background – The U.S. House of Representatives passed H.R. 5 in March 2003. The bill 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 awarding attorney fees. Members of the U.S. Senate have introduced a number of bills aimed at regulating specific medical fields, but thus far, all have been defeated. S. 2207 is another such attempt. It outlines regulations specifically for the areas of emergency room and trauma care professionals, as well as obstetricians and gynecologists. S. 2207, like its predecessors and H.R. 5, preempts state laws in all 50 states.
NCSL Position – NCSL regards the regulation of medical professionals as a purely state matter, and opposes any federal intervention relating to medical malpractice tort reform.
- Tell your Senators that medical malpractice tort reform is a state matter, already being addressed in numerous state legislatures in the 2004 session.
- Let your Senators know that state laws already exist addressing court procedures relating to the drafting of pleadings, the introduction of evidence, and the awarding of attorney fees. Remind your Senators of the specific regulations and guidelines in your state.
For more information, please contact Susan Parnas Frederick at NCSL at 202-624-3566.
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