Med-Mal bill hits 'speed bump' during House Judiciary Committee consideration

The bill triggered concerns from committee Republicans over issues related to states' rights. Still, the measure is likely to clear the panel next week.

Politico: Tort Reform Bill Hits Speed Bump
The House Judiciary Committee probably will be able to approve a medical malpractice reform bill next week, but Republicans are facing one concern from their own side: Don't mess with Texas. At the markup Wednesday, two committee Republicans - Ted Poe and Louie Gohmert - raised concerns that the bill might override Texas' own limits on medical liability lawsuits. They raised doubts that the federal government has the power to do that under the Commerce Clause, and they want to make sure the bill doesn't violate states' rights under the 10th Amendment (Nather, 2/9).

National Journal: Medical-Liability Bill Caught In Legislative Slog
House Republicans held their first markup of health legislation this morning, as the Judiciary Committee took up a bill to establish new federal regulations on medical-liability cases. The bill would establish caps on noneconomic damages from medical liability cases at $250,000. The markup, which was ongoing at press time, was Democrats' first chance to put Republicans through a legislative slog before sending the bill to the floor. Democrats offered a potential 27 amendments (McCarthy, 2/9).

CQ HealthBeat: Lawmakers Clash Over Damage Caps At Markup of Medical Liability Bill
House Republicans on Wednesday continued their push to replace the 2010 health care law, with the Judiciary Committee considering legislation to overhaul the medical liability system. The bill (HR 5) would cap some compensatory damages, establish a statute of limitation for filing medical malpractice suits and limit attorneys' fees in health care lawsuits. The measure represents a challenge to President Obama, who singled out malpractice changes in his State of the Union address as a possible agreeable option for limiting health care costs (Weyl, 2/9).