06/13/2017
The vote on H.R. 1215 is coming up. Do you value your right to bring a case when you are injured? Do you value being able to find an attorney to take your case? Do you value being able to hold those responsible accountable? Do you think an injured person who wins a case deserves to be paid now, instead of like a lottery winner over some number of years?
In case you are unaware, here is a rundown of what H.R. 1215 does f̶o̶r̶ to you:
Provisions include:
Ā· A federally-mandated across-the-board $250,000 ācapā on compensation for ānon-economicā injuries (like paralysis, trauma, reproductive harm), which would be mandated in states even where such caps are unconstitutional.
Ā· A federally-mandated statute of limitations ā the time limit for someone to file a meritorious lawsuit ā which is more restrictive than a majority of state laws.
Ā· Federal repeal of state collateral source rules, meaning a wrongdoer can reduce their obligation to compensate a patient by the amount of disability, workers compensation or other insurance received, to which a patient has a right.
Ā· Federal repeal of state joint and several liability laws, meaning that the injured patient ā not other fully-responsible wrongdoers ā would have to cover the cost of an injury if one of the fully-responsible wrongdoers cannot pay.
Ā· A federally-mandated prohibition against a severely-injured patient receiving a full jury award in a lump sum, leaving the patient vulnerable and undercompensated while the insurance company gets to sit on the money and pocket the interest.
Ā· Federal interference with an individualās right to contract with their own attorney on fees (while the insurance company or hospital that committed malpractice has no such restriction).
Ā· A federally-mandated ban on including a hospital, nursing home or health care provider in a case against a drug company over an unsafe drug, even if the provider negligently prescribed or administered the drug and is jointly responsible for causing injury or death.
Ā· Federal replacement of rights guaranteed by every state government. Most every provision in H.R. 1215 would override individual rights guaranteed by states, only allowing state laws to survive that are more harmful to patients.
If this is important to you and your family, contact your Congressman and let them know that this is WRONG and is NOT in your best interest. Don't know who to reach out to? Visit http://www.takejusticeback.com/ProtectPatients to find your elected officials in Washington.
Congress is pushing legislation that will make lawsuits brought by injured patients, nursing home residents, and their families nearly impossible to pursue. The so-called "Protecting Access to Care Act of 2017" [H.R. 1215] will rig the system against individuals like you and tip the scales in favorā¦