[20060118]RS22075_医疗事故责任改革：S、 354109届国会.pdf

1 S. 354 is similar to H.R. 5, 109th Congress, which the House passed without amendment on July28, 2005. H.R. 5 is examined in CRS Report RS22054, Medical Malpractice Liability Reform:H.R. 5, 109th Congress, by (name redacted). The major differences between H.R. 5 and S. 354 isthat S. 354 would (1) abolish the collateral source rule when applicable law does not allow forsubrogation, (2) include no special protections for FDA-approved products, (3) establishqualifications for expert witnesses, and (4) preempt state caps on non-economic and punitivedamages when such caps are higher than the bills.Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22075Updated January 18, 2006Medical Malpractice Liability Reform: S. 354, 109th Congressname redactedLegislative AttorneyAmerican Law DivisionSummaryS. 354, 109th Congress, would preempt state law regarding some aspects ofmedical malpractice liability, and liability for defective medical products, includingdrugs. It would not, however, preempt any state law that imposes greater procedural orsubstantive protections for health care providers, health care organizations, or sell