Malpractice Lawsuits Compensation Cap being considered
House of Representatives Considers Bill to Limit Malpractice Compensation
June 28, 217
The U.S. House of Representatives is currently considering a bill introduced by Iowa Republican Steve King that would, among other things, place a $250,000 “cap” on settlements in medical malpractice cases.
The cap would specifically limit “non-economic injuries,” such as trauma and reproductive harm, that are among the less quantifiable effects of poor medical treatment. If the bill passes, the cap would apply across the board, regardless of the circumstances of the malpractice case. Surgical malpractice, nursing home abuse, neonatal malpractice, and everything in-between – all would be “capped” at $250,000.
If passed, the bill (H.R. 1215, the “Protecting Access to Care Act of 2017”) would supersede any state laws that deem such caps unconstitutional.
Critics of the bill argue that it would unfairly tip the scales in favor of insurers over patients, and would remove local juries’ authorities to decide the financial awards in malpractice suits on a case-by-case basis.
Generally speaking, H.R. 1215 fits into Congressional Republicans’ overall plan to limit the rights of the individual in healthcare law, and to ensure that insurers and healthcare corporations receive additional protections.
The bill has been introduced in the House of Representatives and a report has been prepared about it, but it has not yet been voted on.
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