Response to Republican Malpractice Bill

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.

new jersey philadelphia medical malpractice lawyers Overwhelmingly Opposed Tort ReformWhite 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.

House Introduces Malpractice Reform Bill

On Monday, Republicans introduced medical malpractice reform legislation into the House that, if passed, would greatly limit the rights of patients who have suffered injuries at the hands of negligent medical providers. The bill, sponsored by Republican Phil Gingrey (R-GA), an OB/GYN, Republican David Scott (D-GA), and Judiciary Committee Chairman, Republican Lamar Smith (R-TX), aims to place extensive limits on how and when victims of medical negligence can file claims. It also aims to apply one-size-fits-all caps on recoveries.


new jersey medical malpractice lawyers republican phil gingrey
Republican Phil Gingrey (R-GA)
The bill was introduced as the Help-Efficient, Lowcost, Accessible, Timely Health Care Act, or HEALTH Act. Supporters of the proposed legislation claim that reform of the medical liability system is necessary to lower healthcare costs. But the Congressional Budget Office has estimated that such reform could only save, at most, .5% of all healthcare costs. Furthermore, the bill does nothing to support an American people that loses up to 100,000 lives a year to medical negligence. With caps on liability, the bill serves as a government hand-out to physicians, insurance companies, nursing homes, and even pharmaceutical companies, that act with negligence and greed, and harm patients and consumers.

Limiting liability and removing many patients’ rights to a jury trial will only further the country’s current medical negligence problem that continues to worsen. What motivation is there to provide better care when accountability lessens? If healthcare reform is the question, sacrificing patients’ rights is not the answer.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Medical malpractice lawyers everywhere are fighting the passage of medical liability reform legislation. Patients are injured everyday due to the practice of negligent and careless medicine, and many need compensation to carry out the rest of their lives.

If you or a loved one have suffered at the hands of a negligent 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 our team fight for your rights to full and fair compensation.