The Conservative Case Against the House Medical Malpractice Bill

Corporate Crime Reporter
Monday, June 19, 2017

The Freedom Caucus has put the brakes on a medical malpractice bill in the House of Representatives over concerns about states’ rights.

Freedom Caucus chairman Mark Meadows (R-North Carolina) told Inside Health Policy that the bill (HR 1215) was pulled from a vote last week because of concerns over states’ rights.

According to Joanne Doroshow of the Center for Justice and Democracy, the bill would pre-empt state tort laws, imposing a federally-mandated across the board $250,000 cap on compensation for non-economic injuries – like paralysis and trauma –  which would be mandated in states even where such caps are unconstitutional.

And it would impose a federally-mandated statute of limitations – the time limit for someone to file a meritorious lawsuit – which is more restrictive than a majority of state laws.

The bill barely made it out of the House Judiciary Committee by a vote of 18 to 17.

“Along with every Democrat, Ted Poe (R-Texas) voted against it,” Doroshow said.  “Louie Gohmert (R-Texas) was absent for the vote after saying he’d vote against it. In fact, they did the same last year.”

Right wing doctor groups have also come out against the bill.

Last month, Modern Healthcare ran a piece titled Providers Want Trump to Stay Out of Tort Reform.

Click here for the full article.  

Join Our Fight!

The Center for Justice & Democracy is the only national consumer organization in the country exclusively dedicated to protecting our civil justice system. If you'd like more information, please contact us.

Connect with us