House Bill Would Make Medical Malpractice Lawsuits Harder to Win

Some members of Congress are pushing a bill that would make it more difficult for plaintiffs to win medical malpractice lawsuits.

An April 15, 2017, article in The New York Times details the bill, which was written by House Republicans as a part of their attempt to repeal and replace the Affordable Care Act. The House bill proposes imposing limitations on medical malpractice lawsuits involving Medicare, Medicaid, and private insurance matters.

The bill would set a $250,000 cap on what they call “noneconomic damages.” This cap would include any award outside compensation for medical expenses or actualized damages. Issues like pain and suffering would be subject to the cap.

Press Secretary Sean Spicer said that the bill would focus on limiting “frivolous lawsuits that unnecessarily drive health care costs up.”

House Democrats disagree, saying the bill would have a negative impact on plaintiffs who have been the victims of medical negligence, misdiagnosis, and nursing care abuse.

Some medical malpractice lawyers have also expressed concern over the proposed changes, believing the bill would punish people who have been the victims of serious medical malpractice, especially the elderly.

A California attorney named Kimberly A. Valentine expressed her concerns about the bill, as her client base is largely made up of senior citizens. Attorney Valentine told The New York Times that the bill would “make it much more difficult for victims of elder abuse to seek redress and would eliminate one of the most powerful tools we have to improve care in nursing homes.”

The bill would likely allow the states to impose their own caps on medical malpractice awards. In fact, California already has a $250,000 cap on noneconomic damages. Attorney Valentine’s clients were usually an exception, however, as the California law has an exception built in for cases of elder abuse.