New York, NY- New legislation introduced to the House of Representatives would significantly change the country’s medical malpractice law. The Protecting Access to Care Act, or House Resolution 1215, will take control out of the state’s hands and limits the award amounts injury victims can recover.
What’s in the Protecting Access to Care Act?
The Protecting Access to Care Act is legislation introduced to the House
House Resolution 1215 will:
Reduce medical malpractice awards to $250,000
Allow a medical malpractice victim’s income to be a factor in deciding an award amount
Impose a three-year statute of limitations on medical malpractice claims
Prohibit apologies or admissions of liability from being submitted in civil court
In late February, the American Bar Association issued a press release that detailed their objections to the Protecting Access to Care Act. According to the ABA, which represents 400,000 lawyers in the U.S., states have had control over medical malpractice laws for two centuries, adding that giving “each state the autonomy to regulate the resolution of medical liability actions within its own borders, is a hallmark of our American justice system.”
The ABA says evidence shows that caps on medical negligence awards limits low-income victim’s legal recourse since thy cannot afford legal fees.
A bill that would take control of medical malpractice laws out of the state’s hands contradicts Republican principles of smaller government and state’s rights. But supporters of the law say it would discourage frivolous lawsuits and would help reduce medical costs.
The White House issued a press release this week outlining the law and explaining why they support it.
New York Medical Malpractice Laws
Medical malpractice claims in New York have a high failure rate because of the standards a victim must meet to satisfy the burden of proof. Before you can file your claim, you must comply with pre-trial requirements and gather a robust body of evidence just to prove negligence on behalf of a medical provider. Building a medical malpractice claim takes time and access to the best medical experts. Our attorneys will help you overcome the challenges of a medical negligence lawsuit and recover the full compensation you deserve.
Consult with a Medical Malpractice Lawyer in New York
Medical expenses in the U.S. are among the highest in Western World. Many Americans end up going bankrupt because of their medical bills. A surgical mistake, a misdiagnosis, an anesthesia error can be severe, and a victim is flooded with medical bills and may be incapable of working or taking care of themselves. For some medical malpractice victims, the medical bills never stop, so $250,000 is not enough to cover the total costs they are dealing with because of a medical professional’s negligence.
To get the full amount of medical malpractice compensation you deserve, you need someone with legal expertise working on your case. If you need a medical malpractice lawyer in New York, USAttorneys.com can connect you with one, so you can arrange a consultation. Our team will provide you with answers and inform you of the basics of filing a medical malpractice claim.