On the recordMay 1, 1995
this is word-for-word the amendment that the Presiding Officer offered in our Labor and Human Resources Committee, a very thoughtful amendment, which says we will permit the Federal Government to establish these standards, and if there is a litigation between a citizen of one State and a physician or hospital from another State, or whatever the circumstances may be, then these Federal standards apply. But if a State wishes to differ from this, a State can do that. That is all this amendment does. It was carried, as the Presiding Officer will recall, in a bipartisan vote in the Labor and Human Resources Committee. I hope it can pass in a bipartisan vote here. I have some concerns about the basic product liability bill, but there can be a very cogent argument made for it, because if a manufacturer in Illinois or Michigan, or in some other State, manufactures a product, that goes interstate. So having some national standards makes some sense. But in the case of medical malpractice, in all but a few cases we are talking about litigation within a State. And the argument made by Senator Abraham in the committee seems to me to be a very logical argument, and that is, let us establish the Federal standards, but if a State wishes to vary from those standards, a State can do that. That is all the amendment does. It is not complicated. I will, at an appropriate time tomorrow, ask for a rollcall vote on the amendment.
Source
govinfo.gov




