Congress Is On A Mission To Slash Medical Malpractice Victims’ Rights

Congress has started a full-throttle attack on medical malpractice claims, and, specifically, those most seriously injured by medical errors. In what it ironically calls “Protecting Access to Care Act of 2017,” the U.S. House of Representatives has proposed a Bill that won’t protect patients or their access to care. Rather, it protects insurance companies, large hospital organizations, and the medical providers employed by them, at the expense of victims of medical negligence. The legislation will likely be voted on without any public announcement or opportunity for debate. In other words, behind closed doors.

The Bill limits the amount an injured person can recover for non-economic damages (pain and suffering); it restricts victims’ rights to contract with counsel; and protects the rights of insurance companies to recover for payments paid at the expense of recovery by the injured victim.

In addition to the medical malpractice “reform” legislation, Congress is expected to propose other legislation that will further limit citizens’ access to the courts and the right to trial by jury — fundamental rights under the United States Constitution.

At Warshauer Woodward Atkins, we have the privilege of helping victims of medical negligence. The injuries our clients suffer as a result of medical negligence take a daily toll on their lives and their relationships. Arbitrarily capping the amount they can recover and taking that decision out of a jury’s hands is un-American. Tell your representatives and Senators that you believe in ALL of the Constitution, and its Amendments, including the Seventh Amendment right to Trial By Jury. Urge them to reject these efforts to strip citizens of the protections provided by law.

For more specifics on the legislation, please go to: https://www.justice.org/news/aaj-statement-markup-bill-undermine-patient-safety-and-eliminate-access-courts