The United States House of Representatives may vote this week on a bill (House Resolution 1215) that will do grave harm to the rights of citizens to seek justice in court for damages caused by medical malpractice, defective drugs, or defective medical devices. The bill is called the Protecting Access to Care Act and it was rushed through committee without any public hearing.
Dean Clancy is a partner with the public policy consulting firm Adams Auld LLC. He commented on the medical malpractice reforms packaged within the bill, calling them unconstitutional. “The bill imposes a number of barriers, making it harder for patients to file a medical injury claim, and to get compensated for that claim if they manage to prevail in court,” he states.
In addition to medical malpractice and medical product liability claims, the reforms in the bill also apply to negligence and nursing home abuse claims.
Suppporters of the bill claim that its provisions would decrease the cost of healthcare by reducing the need for extra testing or “defensive medicine” as well as large jury awards to patients. However, according to Clancy, these claims and the research they are based on are outdated and have been debunked. “Medical malpractice probably accounts for less than 2.5 percent of all health care costs,” he asserts. “So, there’s actually not much money to be saved in this area.”
Robbing citizens of their rights to settle disputes in court is unconstitutional
Clancy argues that the bill in question would override laws in all 50 states governing how disputes between citizens of the state are resolved. This is an area where Congress has no constitutional jurisdiction. “It even overrides state constitutional provisions that the people of the states have added to their constitutions in order to protect patients, and people who are injured by medical negligence,” Clancy points out.
The resolution is widely opposed by all who value the right to fair trial by jury and the right to fair and just compensation for harms caused by medical and professional negligence.
New Jersey and Philadelphia Medical Malpractice Lawyers
The attorneys at Messa & Associates fight every day for your rights as a citizen to just compensation for injuries. If you or a loved one have suffered the consequences of surgical errors, missed diagnosis, or other medical malpractice, contact the medical malpractice lawyers at Messa & Associates for a free case evaluation. Our experienced and skilled attorneys are armed with the necessary resources and knowledge to successfully argue your case.
Call 1-877-MessaLaw or submit an inquiry online. Let Messa & Associates earn you the compensation you deserve.