Lowering of Medical Malpractice Cap Opposed by Victims

Personal Injury Law – Federal News February 10, 2010

Washington – A group of medical negligence survivors and their family members have urged President Barack Obama to rule out any bills that will limit the patient’s legal rights. The call was made after both houses of the US Congress proposed a bill that will allow states to reform their medical malpractice law and cap its damages.

In a letter sent to the White House, the group said that “additional tort reforms” should not be included in the proposed health insurance reform bill as this will “reduce the accountability of wrongdoers” and will “prevent patients to have their cases heard before judges and juries.”

The survivors also said that reforming the medical malpractice law will have “terrible consequences for all patients” while “burdening taxpayers as malpractice victims have to turn to taxpayer-funded health programs.”

The President had previously opposed any move that will reform medical malpractice law or cap its damages that will restrict a survivor’s legal compensation.

However, some health advocates fear that insurance companies and lobbyists might pressure the President from passing a law that will impose limit on damages a patient can recover.

The US Congress has also vetoed several proposals that will put caps on medical malpractice claims during the Bush Administration.