If Congress has its way, a new bill, H.R. 1215 would put damage caps on medical malpractice damages. The bill has passed in the House and now moves on to the Senate.
Under H.R. 1215, the deceptively titled “Protecting Access to Care Act,” patients who have had severe, often life changing medical complications involving medical malpractice would only be able to collect a maximum of $250,000 for pain and suffering. According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the United States, behind heart disease and cancer.
What is the legal definition of medical malpractice? A malpractice claim exists if a medical provider’s negligence causes injury or damages to a patient. It’s estimated that medical errors kill roughly 200,000 patients in the U.S. each year. Medical malpractice claims are not that common. Only 15% of the personal injury lawsuits that are filed annually involve medical malpractice claims.
A Majority of States Already Have Caps in Place
A number of the states across the country have placed damage caps, or limits, on the amount of compensation a patient can receive in a medical malpractice case. Many of the laws put a cap on some of the noneconomic damages that a patient might suffer (and which can be difficult to calculate), such as pain, suffering, and emotional harm. Other states have placed a cap covering all of the damages in medical malpractice cases including long-term disability costs.
Many of the state laws put a limit on some of the noneconomic damages that a patient could have such as pain, suffering and possible emotional harm.
Damages caps prevent victims of medical malpractice from receiving the justice they deserve. Damage caps tie a jury’s hands, making their verdicts almost irrelevant, allowing state legislators instead of jurors to decide the maximum award allowed in these cases.
Arizona is one of the few states with no damage caps in place. In fact, Arizona’s state constitution deliberately prohibits damage caps in civil cases, including medical malpractice and wrongful death. A federal law would override Arizona’s current position on damage caps.
If you or a member your family has suffered due to medical malpractice or negligence, do you want your ability to collect compensation limited by legislators? Every case is different, and therefore damage caps cannot be equitably applied to all victims.
It’s critical to note that in Arizona, a medical malpractice action must be started within two years after the cause of action accrues.
