American Bar Association Weighs in on Federal Medical Malpractice Bill

In early March, we wrote about the incredible prevalence of medical errors in the United States. Medical errors are the third leading cause of the death in the country. With our growing population and the increasing ease of access to healthcare, the potential for medical errors grows every year. Conversely, it appears that the number of medical malpractice lawsuits has actually been declining.

Tort reform gains attention for the wrong reasons

The past few years have brought health care reform into the national spotlight. We’ve all watched the government endlessly debate the merits of the Affordable Care Act, and medical malpractice tort reform is a hot topic around the country. The Journal of the American Bar Association reports that the argument has intensified recently as the US House Judiciary Committee debates a medical malpractice tort-reform bill that could affect victims everywhere.

The bill, known as the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2016, seeks to establish protocols that restrict the ability of medical malpractice victims to be awarded “excess” damages. The American Bar Association has taken steps to defend victims’ rights in a letter to the chairman of the House Judiciary Committee. Specifically, the ABA opposes:

• The authority of Congress to determine medical liability law, which has been the province of the states for 200 years.
• A $250,000 cap on noneconomic damages, citing research that such a cap diminishes access to the courts for low-income earners, and that courts already have the power to reduce excessive verdicts.
• A “fair share” rule that holds all parties involved equally liable, pre-empting state laws and reducing the intended effect of noneconomic damages.

A look to the future

The letter made several other salient and reasonable points, and we hope that the House Judiciary Committee will see reason and not vote to put this bill before Congress. Medical malpractice tort reform is a solution in search of a problem; the focus is constantly on large verdicts and rarely on facts or indeed, on reducing the incidence of these errors in the first place.

A study from the Journal Of Law, Medicine & Ethics summed up the situation concisely (emphasis ours);

“Despite the increased number of patient encounters associated with expanded access to health care under PPACA, it is unlikely that the rate or number of medical malpractice claims will increase, and there is a reasonable chance they will actually decline. A substantial part of the downward pressure on the filing of medical malpractice claims will be improved access to health care, especially ongoing care for serious medical injuries. An unknown but likely substantial number of future injured patients and their families may believe access to affordable health care will eliminate the necessity of bringing a lawsuit.”

At McGowan, Hood, Felder & Phillips, LLC, we see the situation on the ground every day. Far from the flood money-hungry litigants the media would have you expect, the reality is that the medical malpractice victims we represent in South Carolina face outrageous and on-going medical expenses while they are simultaneously unable to work or provide for their families. We fight for their rights, and no legislation should be able to determine the value of life, limb, or livelihood lost. The only way that justice can be served, and loss truly evaluated, is by a jury of peers.

If you or a loved one has been the victim of medical malpractice, the compassionate South Carolina medical malpractice attorneys at McGowan, Hood, Felder & Phillips LLC can fight for your rights and work to get you the compensation you deserve. Call us at 803-327-7800, or fill out our contact form to schedule your consultation with us.