The House of Representatives is trying once again to get HR 1215 out and into the Senate to make it the law of the land.
This is a really bad law that takes away rights of Americans.
Call or write your congress people and tell them to vote NO on HR 1215 . Not sure how to contact them? Go here: https://democracy.io/#/.
Who is helped by HR 1215?
- Insurance companies
- Hospital corporations
- Physician corporations
- Product manufacturers
Is it a good bill in any way?
No. It will take away several rights of Americans. Some guaranteed in the constitution, such as the right to have a jury hear and decide lawsuits. The bill specifically sets forth that the limitations of damages in the bill are not to be revealed to the jury in any case.
Why not tell jurors about the limitation on damages?
Legislators do not want jurors to realize how unfairly the injured person will be punished by the limitation of damages in the bill of $250,000.
The bill summary makes it sound like it only applies to federal programs?
No. The bill dictates to states how compensation in a lawsuit should be given and how much to limit your damages.
Isn’t limiting jury awards a good thing?
It says that you can not be trusted to sit on a jury and reach an intelligent and rational decision — you need lawmakers to be smart enough to do that.
Also, who pays the bills for injured people ultimately if the at fault party does not have to pay all the damages? We do — tax payers like you and me. Injured folk need care. If the culpable party does not pay? Health insurance costs go up; social security is further threatened; Medicare and Medicaid takes on more responsibility. Ultimately, the tax payer pays.
Isn’t it about protecting doctors practicing “defensive medicine”?
No. What is defensive medicine? Isn’t it the process of physicians ordering tests based upon your symptoms to determine what may be going wrong in your body? Isn’t ordering unnecessary testing called fraud? Would insurance companies pay for unnecessary testing? The argument about “defensive medicine” is unsupportable and, frankly, silly.
Does the law effect any other rights?
Yes, several. The right for you to be paid the jury’s verdict. The law would permit the judge, not you, to place your recovery into a structured settlement that would pay you over many years; sometimes 30 to 50 years. Why? Because it is cheaper for the defendant being required to pay you.
It also effects your right to hire the attorney of your choice and enter into a contract on the terms to which you want to agree. It may affect your ability to hire an attorney of the quality you want to represent you.
How it affects the “Statute of limitations”?
In Florida, it is our law makers who established the time in which you can sue for medical malpractice. That period is (2) years from the date you should have discovered the negligence, but under no circumstance (except fraud) are you permitted to sue more than (4) years from the date the negligence occurred, whether you discovered it or not.
Two years sounds like plenty of time, right? Many patients spend the whole two or four years going to other physicians, trying to get well from the malpractice. Every year we talk to people who can no longer proceed with their lawsuit because they spent the time trying to get better before examining their legal rights.
The US House of Representatives wants the state period to be even shorter.
Why pass a law such as this?
The largest majority of voters will never realize this onerous bill was passed until it is too late. Lawmakers need plum give backs to the real people who got them elected; insurance companies and major corporations. This is a good, hidden way of providing that pay back.
Call or write your congress people today and tell them to vote NO on HR 1215. Not sure how to contact them? Go here: https://democracy.io/#/.
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