Proposed Law Could Have Impact on Healthcare-Related Lawsuits

In June 2017, the U.S. House of Representatives voted to pass H.R. 1215, the Protecting Access to Care Act, which, if made into law, could have a significant impact on healthcare-related lawsuits.  At MedMalFirm.com, we strive to keep our readers informed of potential changes in the law that could affect them.  As bills move through the legislative process, there are often revisions that affect what could happen if they are made into law.

Medical malpractice laws are complex, and changing laws or regulations can make a stressful situation more difficult for you and your family.  Here is what you need to know about the Protecting Access to Care Act, as well as information about protecting your rights.

Protecting Access to Care Act

The Protecting Access to Care Act specifically relates to healthcare-related lawsuits involving patients covered by Medicare, Medicaid, or insurance plans offered through a subsidy or tax benefit.  The provisions included in the Protecting Access to Care Act include:

• Statute of Limitations: Depending on the situation and other factors, the bill proposes the following statutes of limitations for healthcare-related lawsuits:
  • For Adults: Three years from the date of injury, or one year from the date of discovery.
  • For Minors: three years from the date of injury, unless the child is under six years of age, in which case the statute of limitations will be three years from the date of injury, one year from discovery of the injury, or the child’s eighth birthday, whichever occurs latest.
• Non-economic Damage Caps: Non-economic damages in lawsuits would be capped at $250,000. The jury may not be informed of the damage cap.
• Supervision of Payments: The court will have the power to supervise damage payments and restrict attorney contingency fees.  The bill also limits contingency fees.
• Medication Liability: If passed, the new law would prevent healthcare providers who dispense or prescribe medications approved by the U.S. Food and Drug Administration (FDA) from being party to product liability or class action lawsuits related to the medical product.

It should be noted that these provisions do not overwrite some existing state and federal laws, and only apply to individuals receiving care via Medicare, Medicaid, or insurance provided via a tax benefit or government subsidy, such as plans offered through the Healthcare Marketplace.

To learn more about medical malpractice laws in Texas, contact MedMalFirm.com to request a free consultation.  Our attorneys can help you understand your legal rights, and the best options for your healthcare-related case.

Supporters of the Protecting Access to Care Act

Supporters of the Protecting Access to Care Act argue that, if made into law, the bill would help limit unnecessary medical procedures and tests, and would reduce overall healthcare costs.  The Congressional Budget Office also suggests that the bill could reduce deficits by as much as $50 billion by 2027 by lowing medical liability insurance premiums and reducing use of unnecessary healthcare services.

It has been suggested that healthcare providers conduct unnecessary tests out of “fear” of patients alleging medical malpractice or filing healthcare-related lawsuits.  Many state laws allow for unlimited non-economic damages in healthcare-related lawsuits, a practice which supporters of the Protecting Access to Care Act say encourages defensive medicine, increases healthcare costs, and imposes a significant burden on providers.

As just one of many bills being considered as part of the healthcare system overhaul, supporters believe that the Protecting Access to Care Act is a necessary move to get control of healthcare spending.  Supporters noted that the bill is not designed to address criminal cases, but only civil claims.

Opponents of the Protecting Access to Care Act

One of the biggest areas of concern for opponents (skeptics) is the damage cap placed on non-economic damages.  There is a great deal of concern about limiting the compensation patients can get after a devastating injury.  Placing a general cap on non-economic damages suggests that every patient’s suffering and losses are equal – which is far from the facts of such situations.

There is further concern that more medical errors could result as doctors will have less liability.  Opponents to the bill offered compelling arguments about how a ‘broad relaxation of care’ could result from limiting liability, which would, according to research, result in more injuries and deaths.

Opponents further argue that limiting liability for pharmaceutical companies would weaken the incentive for these companies to perform in accordance with safety standards.  The result would be “untold numbers” of additional injuries, deaths, and healthcare-related costs.

Get the Facts About Healthcare-Related Lawsuits and Your Legal Rights

If you are concerned about the quality of care you have received, or are concerned about how changing laws may affect your rights as a patient, you may find it helpful to contact a medical malpractice attorney to discuss your individual situation.

At MedMalFirm.com, we understand how hard it is to keep up with changing laws and what they could mean for you and your rights.  Our attorneys are dedicated to helping you explore your rights and options when you have been harmed by a healthcare provider.  Whether you were injured by a defective medical device, during surgery, or you or your child were injured during birth, our attorneys can help you protect your legal rights.

Take the first step toward protecting your rights and getting justice by filling out our online form.  Healthcare-related lawsuits are complex, but our attorneys do everything in our power to ensure you get the best outcome possible.