After a couple of false starts, H.R. 1215, the Protecting Access to Care Act is going to the House floor this week. This massive medical malpractice bill also applies to nursing home and drug and device cases. The bill caps non-economic damages at $250,000, eliminates joint liability for economic and non-economic loss, caps attorney fees, has a restrictive statute of limitations and says that a doctor and a pharmaceutical company cannot be named in the same lawsuit.
This means, among many other things, that finding an attorney to handle a birth injury case will be more challenging and that financial compensation for injuries that are hard to quantify (such as pain and suffering) cannot surpass $250,000.
The bill will not get better during floor debate. The only amendments that will be allowed are amendments that make the bill worse for patients. The debate on this bill will begin on Tuesday with vote on final passage scheduled for Wednesday.
Using this link from Take Justice Back, you can call your members of Congress by visiting www.takejusticeback.com/protectpatients. Please act now. Voting is set to begin TOMORROW, Tuesday, June 27, 2017.
To see for yourself what access to a fair and balanced legal system can do for victims of medical malpractice, please view the video below, produced by the American Association of Justice. It tells the story of 7 year-old Dahlia Ramirez, who suffered horrific injuries caused by medical negligence. Thanks to the civil justice system, Dahlia now has the best possible chance at living a normal life.
Here are two links where you can watch and share Dahlia’s video:
*This post has been amended and shared with permission from the American Association of Justice.