As the new administration gets set to move into the Oval Office in January, many people are wondering whether the change in presidency will affect their legal rights, and if so how? While it is hard to say exactly what changes will be made, it is likely that there will be many policy shifts. Some areas of concern include federal medical malpractice laws. The new Secretary of Health and Human Services, Tom Price, has been a long-time advocate of tort reform and has pushed for legislation that would limit or cap damages on recovery. He has also promoted the creation of state tribunals (health courts) to evaluate and rule on medical malpractice cases. While health courts may save states money, they would also deprive victims of their constitutional right to have their case heard by a jury.
With many politicians discussing altering Obamacare, it is likely that some sort of changes at the federal level will be implemented.
Currently, California state law under MICRA, already imposes limitations, including a $250,000.00 cap on recovery of non-economic damages.
As Los Angeles medical malpractice lawyers committed to fighting for our clients rights, we will continue to challenge attempts to restrict access to justice. For more information, please contact the experienced Los Angeles medical malpractice lawyers at Bostwick & Peterson, LLP for an immediate consultation.