Medical Malpractice Damages Being Capped by Lawmakers

March 16, 2017 | dev
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Doctors can finally breathe a sigh of relief knowing that a new legislation has been approved by the House committee that would protect them from any false medical malpractice claims from money hungry people. For doctors, it’s just not about money but also about losing a medical license that allows them to practice their hard earned skills which they got after years of expensive medical school. This new law will serve to discourage people to make any false claims of medical treatment for the sake of winning a fraudulent lawsuit and entitle them to a huge sum of money.

The House Judiciary Committee approved the legislation with a very narrow vote difference. It was a narrow win, the decision made in favor by only a single vote. This new law will cap the damages that could make doctors, nurses, hospitals and other medical practitioners pay any money for the damages incurred. It includes people who have been insured by Medicare and Medicaid. People who are war veterans and are covered by their military health plan are also included. The new legislation pleased many lobbyists and also medical practitioners as it ensured their safety in the field.

The Health Coalition on Liability and Access which is an advocacy group consisting of medical professionals in various medical societies and associations also voiced their opinions on this issue. They stated that doctors are pressured into defending themselves more rather than focusing on their patients and their medical practice. They have to constantly worry about their decisions in front of the law and professional reputation when most of the accusations turn out to be false.

This legislation surprised many Democrats and their supporters because they believed that they were very close to fending off what they believe as usurping the rights of consumers. An executive at the Center for Justice and Democracy said that she was really shocked upon hearing about this new bill. She said the Democrats expected something along the lines of the Affordable Care Act as a replacement and not some separate bill regarding medical malpractice altogether.

Many other Democrats that were present at the hearing voiced their disapproval and concerns regarding this law. A representative from Michigan criticized this by saying that this law has done nothing but failed every time due to many problems arising from the fact that it treads on the rights of the state. This would prevent the people from accessing quality service and care from the medical community.

He further stated that this legislation would protect the pharmacy industry and medical instruments and machine makers that create and sell harmful products and medicines for the people.

Democrats and Republicans have long been arguing over the issue of medical malpractice and this new legislation furthers the divide between them. However, there have been many cases of medical practitioners finding allies within the Democrats as well. But regarding this new law, nothing can be stated.

This new law gives immunity to the pharmacy industry in which drug companies harm the patients with the FDA approved prescriptions. While the bill would help contain any economic damages if the claims are proven true, it would certainly make it harder for people seeking justice and compensation for any medical malpractice. This bill would cap the payment of a victim’s suffering and pain at $250,000. This would greatly affect people who are not working such as children and the elderly.

The new bill is being dubbed as unconstitutional and unfair by the Democrats and their supporters. This is because any medical practitioner can act irresponsibly and gets away scot free, leaving the victim without any justice.

However, amendments are being made to water down this legislation by many Democrats in order to preserve the rights of the people.

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