FEDERAL MALPRACTICE REFORM STYMIED


Further progress towards malpractice or tort reform was delayed, perhaps permanently, by the failure of the Senate to approve cloture. The Medical Care Access Protection Act of 2006
(S. 22) and the Healthy Mothers and Healthy Babies Access to Care Act (S. 23), both sponsored by Republicans and both of which would impose limits on non-economic damages, although
S. 23 is directed only to obstetricians and gynecologists, are now stalled in the Senate with little hope of receiving 60 votes necessary to cloture, given that Republicans control only 55 seats. Cloture is the parliamentary procedure by which debate on a particular item is ended, and the matter put to a vote; involving cloture in the Senate requires a super-majority vote.

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