[20060118]RS22054_医疗事故责任改革：H、 R第5109届国会.pdf

1 H.R. 5, 109th Congress, had previously been introduced in the 109th Congress as H.R. 534. Itis virtually identical to H.R. 5, 108th Congress, and H.R. 4280, 108th Congress, which were bothpassed by the House. Those two bills were identical to each other except for one non-substantiveword change. H.R. 5, 109th Congress, is similar to, but has several substantive differences from,S. 354, 109th Congress; for information on S. 354, see CRS Report RS22075, MedicalMalpractice Liability Reform: S. 354, 109th Congress, by (name redacted).2 The phrase “medical malpractice” in this report, when used in reference to H.R. 5, should be(continued.)Congressional Research Service The Library of CongressCRS Report for CongressReceived through the CRS WebOrder Code RS22054Updated January 18, 2006Medical Malpractice Liability Reform: H.R. 5,109th Congressname redactedLegislative AttorneyAmerican Law DivisionSummaryH.R. 5, 109th Congress, which the House passed without amendment on July 28,2005, would preempt state law regarding some aspects of medical malpractice liability,and liability for defective medical products, including drugs. It would not, however,preempt any state law that imposes greater