Recently, a new piece of legislation was approved by the House Judiciary Committee, which would cap damages in medical malpractice cases for individuals who are insured under programs like Medicare, Medicaid, veterans or military health plans, and the affordable care act. For negligent doctors, this would be a relief, given that it makes it difficult for wronged patients to receive compensation.
Michigan Representative John Conyers Jr., the ranking Democrat on the Judiciary Committee stated that this legislation, which also gives immunity to drug companies in cases involving FDA-approved prescriptions, would shield pharmaceutical companies and allow them to sell dangerous products without consequences.
The bill does not restrict economic damages, such as lost wages, but it caps non-economic damages at $250,000. For people in the workforce, this may not have a heavy impact, but for the elderly and children, the cap is devastating.
Democrats also argued that the new piece of legislation would also usurp states’ rights, setting bad precedent and preempting state malpractice laws that are plaintiff-friendly. In an effort to protect patients, especially those residing in nursing homes, several amendments were introduced, though they were all swiftly rejected.
At Freidin Brown, P.A., our firm can help you pursue financial compensation for your damages by filing an injury claim against the negligent hospital or medical professional. We have over a century’s worth of experience combined and have tried over 300 cases in front of a jury, securing hundreds of millions of dollars in compensation on behalf of our clients. Our Miami medical malpractice attorneys handle a wide range of cases such as anesthesia errors, misdiagnosis, surgical errors, birth injuries, and more.
It is the legal duty of health care providers to treat patients according to a certain standard of care. When they fail to do so, you have a right to hold them accountable.
Call us anytime for a free consultation at (888) 650-0918.