WASHINGTON – Seeking to reduce the number of frivolous medical lawsuits that increase the cost of healthcare and drive many doctors out of business, Rep. Shelley Moore Capito (R-WV) this week cosponsored the Help Efficient, Accessible, Low-cost, Timely, Healthcare (HEALTH) Act, legislation introduced this week. 

The legislation reforms America’s medical liability system by making it more favorable for patients and less favorable for trial lawyers by abolishing financial incentives for filing expensive lawsuits while maintaining a fair and timely reparations process for patients who have been wronged. 

"Frivolous lawsuits are making healthcare more expensive and driving good doctors out of business," said Rep. Capito.  "Such out-of-control litigation threatens access to healthcare across our country, especially those in rural America.  The reforms contained in this legislation will cut frivolous lawsuits in order to increase access to more affordable healthcare."

Highlights of the HEALTH Act:

• Limits the amount of non-economic damages, or "pain and suffering" awards, to $250,000
  
• Will not permit punitive damages unless an actual economic judgment is rendered, and then limits the amount to no greater than twice the economic damages   
• Maximizes patients' awards by allowing courts to ensure an unjust portion of the patient's recovery is not misdirected to an attorney
  
• Allows patients to recover the full cost of economic damages, such as medical bills and lost income
   
  

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