After a couple of false starts, H.R. 1215, the Protecting Access to Care
Act, is going to the House floor this week. This massive medical malpractice
bill also applies to nursing home and drug and device cases. The bill
caps non-economic damages at $250,000, eliminates joint liability for
economic and non-economic loss, caps attorney fees, has a restrictive
statute of limitations and says that a doctor and a pharmaceutical company
cannot be named in the same lawsuit. The bill is very preemptive. It applies
these limits regardless of the number of parties, the causes of action,
or the theory of liability, so the cap applies to intentional torts or
other sorts of reckless misconduct.
The debate on this bill will begin on Tuesday, with vote on final passage
scheduled for Wednesday.
Help us defeat H.R. 1215 by going to Take Justice Back. You can easily
write and call your members of Congress by visiting
www.takejusticeback.com/protectpatients. Thank you for your help and support as we fight to defeat H.R. 1215.
Please let us know if you have any questions.
To speak to a personal injury attorney in Indiana,
contact us at George & Farinas, LLP.