Number: RL33406
Title: Medical Malpractice Bills: S. 22 and S. 23, 109th Congress
Authors: Henry Cohen, American Law Division 
Abstract: Medical malpractice suits are governed, for the most part, by state law. S. 22, 109th Congress, the Medical Care Access Protection Act of 2006, or "MCAP Act," would impose federal standards on some aspects of medical malpractice suits, but it would leave other aspects to continue to be governed by state law. Unlike other pending medical malpractice bills, such as H.R. 5 and S. 354, S. 22 would not apply to products liability suits (i.e., it would apply only to medical malpractice suits against health-care providers, not to suits against manufacturers or sellers of defective medical products that cause injury). S. 23, the Healthy Mothers and Healthy Babies Access to Care Act, is identical to S. 22, except that S. 23 would apply only to suits alleging malpractice in connection with obstetrical or gynecological goods or services. This report summarizes the main provisions of S. 22 and S. 23.
Pages: 9
Date: May 8, 2006