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Posted on June 20, 2017 by

Pending Legislation May Make It More Difficult to Litigate Medical Malpractice Suits

Under a bill drafted by House Republicans as part of their plan to replace former President Obama’s Affordable Care Act (ACA), low income and older Americans may find it more difficult to win lawsuits for injuries resulting from medical malpractice, defective drugs and devices. Your St. Louis medical malpractice lawyers at Hoffman & Gelfman want to keep you abreast of this developing story.

Could You Be Denied Full Restitution?
Limits on lawsuit awards have been proposed for Medicaid, Medicare, and ACA-subsidized insurance related cases. In addition, malpractice suits involving doctors, hospitals, nursing homes and product liability issues could be subject to a $250,000 limit on ‘non-economic damages,’ such as pain and suffering.

Democrats warn it could takes rights away from those harmed by horrific medical mistakes by limiting claims related to coverage provided via federal program, subsidy, or tax benefit. This decision could likewise affect potential lawsuits for any individual whose health insurance is provided by an employer if the government provides tax breaks for such coverage.

No limits are being established for recovering economic damages, medical expenses, or lost earnings. Individual states, however, could choose to set different limits.

Sitting on a potential malpractice case? Your quality of life and financial future are at stake. Don’t wait for crippling injury compensation limits to take effect. Move your case forward with the expert counsel of St. Louis medical malpractice lawyers Hoffman & Gelfman today.