Last week, Republicans introduced tort reform legislation that would make serious changes to current medical malpractice liability and infringe upon the rights of patients nationwide. Malpractice liability has been a hot topic of debate for quite sometime, and after the introduction of this bill, many people have varying opinions on the issue.
HEALTH Act Unlikely to Pass
While the bill has a good chance of winning passage in the House, it most likely will face intense opposition in the Senate. Senate Judiciary chairman, Senator Patrick Leahy (D-VT), has always opposed caps on damages and instead supports lifting anti-trust immunity for insurance companies in hopes of sparking competition within the industry and subsequently lowering premiums.
White House aides have provided that President Obama is strongly opposed to placing caps on damages for injured patients, but would be open to utilizing other avenues of resolution, such as “health courts” or special arbitration systems.
Illinois and Georgia have recently struck down state-wide caps on liability, arguing that they violated their state constitutions. Liability caps are an unfair advantage to insurance companies and severely negligent medical providers, as it is in the worst cases that juries are inclined to offer large sums of money for pain and suffering.
California has been using a cap system since 1975 and claims that those caps are what keep insurance rates low. However, consumer groups in the state maintain that California’s regulations on insurance rates are what serve to keep premiums low, not their caps on liability.
Medical Malpractice Lawyers in New Jersey and Philadephia
If tort reform is a way to keep premiums low, why not skip the middle man and fix the actual problem; insurance companies charging astronomical amounts of money to protect their clients. Limiting the awards to an injured victim of malpractice may or may not change insurance premiums. Without regulations on the industry, insurance companies will remain free to charge whatever they like. The answer to our current healthcare problem cannot be found by limiting patient rights.
If you or a loved one have suffered at the hands of a neglient medical provider, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Let the medical malpractice lawyers at the Mininno Law Office earn you the compensation you need and deserve.