I’m writing today to let you know about important legislation being considered by Congress – legislation that would severely limit the damages available if you or your family members are injured or killed as the result of a nursing home neglect or a medical mistake.
This legislation – deceptively known as the “Protecting Access to Care Act of 2017” – applies to all those receiving medical care that is in part funded by the federal government. This includes those receiving treatment funded by the Affordable Care Act, Medicaid, Medicare, and Veteran’s Benefits.
The bill would tremendously benefit reckless nursing homes, doctors and medical providers by severely limiting their liability for nursing home neglect and abuse, and would make it more difficult for those harmed (including families who have lost a loved one) to recover fair compensation. Among such restrictions, the bill would provide:
- A $250,000 cap on “non-economic injuries” – like wrongful death, paralysis, and trauma
- A Short statute of limitations in which to file cases
- Repeal of state joint and several liability laws, so those injured would have to bear the responsibility for the damages not paid by one of the fully-liable defendants (as opposed to the other fully-liable defendants having to pay such person’s share)
- A reduction in the amount that a liable defendant must pay based upon the victim’s receipt of other compensation, such as disability or insurance compensation
- A prohibition for those severely injured from receiving large lump-sum payments
What You Can Do
Call your representatives. Write a letter. Do something before it’s too late.
If you wish, you can go here to find out more information, and to find a sample letter that you can send to your representatives.
Thanks in advance for any actions that you might take in helping to protect all of us from this legislation.