Medical malpractice legislation has been in the news lately as many states have been attempting to limit the exposure of its physicians and hospitals. However, in Arizona, proposed legislation was shot down by more than two-thirds of respondents in a recent poll.
HR 1215, otherwise known as the Protecting Access to Care Act of 2017, places a $250,000 limit on non-economic damages that can be awarded in a lawsuit against a health care provider. Non-economic damages relate to compensation paid to a plaintiff for subjective, non-monetary losses such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life.
In addition to placing a cap on non-economic damages, the bill also places limits on attorney’s fees, effectively making it all the more difficult for a plaintiff to find reputable legal representation.
Finally, and perhaps most importantly, HR 1215 would remove all State Laws regarding lawsuits to move all cases to a Federal Court.
Many of the pollers felt that HR 1215 puts the interests of hospitals, pharmaceutical companies, and medical device manufacturers ahead of patients. Proponents argue that the bill would discourage frivolous lawsuits while also serving to bring down the cost of medical malpractice insurance across the state.
HR 1215 was supposed to be voted on in mid-March in the U.S. House but was pulled on the same day as the Republican proposal to repeal Obamacare. It is expected to be rescheduled for a vote in the coming weeks.
Medical malpractice can have devastating effects that last a lifetime. If you have been injured by a physician’s neglect, attorneys Charles Gilman and Briggs Bedigian will work to get you the full compensation to which you are entitled. Call 800-529-6162 today or contact them online for a free case evaluation. They handle cases in Maryland, Pennsylvania, and Washington, D.C.
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