The New York Times reported the Trump Administration’s attempt to take away poor and elderly Americans right to compensation when they are victims of medical malpractice or defective drugs or medical devices under a bill drafted by House Republicans as part of their plan to replace the Affordable Care Act.
The bill would set a $250,000 limit on “noneconomic damages,” which include compensation for pain and suffering, permanent impairment, scarring, mental anguish etc.
The bill would impose new arbitrary limits on lawsuits involving care covered by Medicare, Medicaid or private health insurance subsidized by the Affordable Care Act. The limits would apply to some product liability claims, as well as to medical malpractice lawsuits involving doctors, hospitals and nursing homes.
Kimberly A. Valentine, a lawyer in Orange County, Calif., who has represented scores of nursing home residents, said the House bill “would make it much more difficult for victims of elder abuse to seek redress and would eliminate one of the most powerful tools we have to improve care in nursing homes.”
The bill would also restrict the ability of victims to contract with lawyers in clear violation of the Constitution. Why is the government involved in a private contract between attorneys and their clients?