Tort Reform by Any Other Name

Faegre Drinker Biddle & Reath LLP
Contact

A rose by any other name may smell as sweet, but tort reform still smells bad to traditional opponents despite an attractive title.  That’s why most observers believe that the House-passed “Protecting Access to Care Act,” H.R. 1215, is going nowhere.

Opponents don’t oppose the goal of protecting access to care.  They oppose the means employed by the bill: limitations on medical malpractice lawsuits, including caps on damages and plaintiff attorney fees.  Provisions include a statute of limitations as short as one-year from discovery of the injury, a $250,000 cap on noneconomic damages, and a sliding-scale limit on attorney fees declining from 40% of the first $50,000 to 15% of amounts above $600,000.

The bill passed the House with no Democratic support and opposition by 19 Republicans.  No senator has sponsored a companion bill.  Despite support by the White House, the bill is seen as unpopular with conservative senators, who believe it’s an intrusion of federal authority into state law.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Faegre Drinker Biddle & Reath LLP | Attorney Advertising

Written by:

Faegre Drinker Biddle & Reath LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Faegre Drinker Biddle & Reath LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide