Do health care lawsuits need a caps or a statute of limitations?
Bill Summary
The bill limits non-economic damages in health care lawsuits to $250,000, limits the fees lawyers may charge, and imposes a three-year statute of limitations on such lawsuits. However, for minors under six years old, it is three years after the injury, one year after discovery of the injury, or the minor's eighth birthday, whichever occurs later. H.R. 1215 would apply to health care lawsuits where coverage was provided through a Federal program, subsidy, or tax benefit. Sponsor: Rep. King, Steve [R-IA-4]
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Opponents say
• Conservative writer and public policy consultant Dean Clancy says "Research suggests that the kinds of reforms they're pushing, like damage caps, don't really save a lot of money,” he stresses. “Medical malpractice probably accounts for less than 2.5 percent of all health-care costs, so there's actually not much money to be saved in this area."
• Rep. John Coyners Jr. (D-Mich.) claimed it would “undermine the ability of victims of medical malpractice and defective medical products to be fully compensated for their injuries.”
• Rep. John Coyners Jr. (D-Mich.) claimed it would “undermine the ability of victims of medical malpractice and defective medical products to be fully compensated for their injuries.”
Proponents say
• American Medical Association CEO James Madara asserts that the legislation provides “the right balance of reforms by promoting speedier resolutions to disputes, maintaining access to courts, and maximizing patient recovery of damage awards.”
• President of the American College of Physicians (ACP), Nitin Damle, stated: "The College strongly believes that this $250,000 limit on non-economic damages is the most effective way to stabilize premiums. This federal standard will level the playing field in all states to ensure the same cap on non-economic damages applies across the country to lower the costs associated with defensive medicine in all regions."
• President of the American College of Physicians (ACP), Nitin Damle, stated: "The College strongly believes that this $250,000 limit on non-economic damages is the most effective way to stabilize premiums. This federal standard will level the playing field in all states to ensure the same cap on non-economic damages applies across the country to lower the costs associated with defensive medicine in all regions."
- King’s ‘Protecting Access to Care Act’ Passes House Judiciary Committee
- H.R. 1215, Protecting Access to Care Act of 2017 (Budget Impact)
- H.R. 1215 – Protecting Access to Care Act of 2017 (White House Statement)
- Vote Expected on Iowa Congressman's Medical Malpractice Bill
- Congress eyes stop-loss, medical malpractice bills
- House Considers Bill to Reform Malpractice Laws
