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Changes to The Affordable Health Care Act Will Put Patients at Risk

With Republicans looking to rapidly dismantle the Affordable Care Act ("Obamacare"), Americans are wondering how this will affect their rights. While no one knows what will replace this landmark legislation, many lawmakers are determined to put in place certain limitations that will likely severely curtail injured patients' access to justice. For example, much discussion has been made concerning the development of health courts to hear patient grievances, with the idea to replace the trying of medical malpractice actions before a civil court and jury. This concept would unconstitutionally deny patients' rights to a trial by jury and likely reduce the amount individuals can recover.

Further, it is likely Federal caps will be adopted similar to California state law caps that have had the result of severely restrict certain classes of individuals ability to recover non-economic damages such as pain and suffering. Children who suffer birth injuries are particularly harmed by such measures.

At the same time, reports indicate that preventable medical errors remain one of the leading causes of death in the United States. Rather than removing innocent victim's rights to seek redress following catastrophic harm from medical errors, more emphasis should be placed on preventing medical negligence from occurring in the first place.

For more information or if you or a loved one has been harmed by a medical mistake, please contact our Los Angeles medical malpractice lawyers for a free consultation.


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