Some Congressional Politicians Are Attempting to Ignore the Constitution in the Name of "Tort Reform"
According to the Institute of Medicine, as many as 98,000 people die every year from preventable medical errors, the sixth leading cause of death in America.
However, a recent bill introduced by House leadership (H.R. 5) is attempting to take away Americans' constitutional right to a redress if a negligent doctor or hospital corporations hurts them or a loved one. The bill not only ignores patient safety, but also imposes severe, one-size-fits-all caps on damages that patients can seek when injured by medical negligence, defective drugs, medical devices, or abuse suffered in nursing homes. It even extends this cap to health care providers that intentionally harm or kill patients, as well as insurance companies that refuse to pay just claims for medical bills.
“This bill is simply dangerous for patients. Eliminating legal accountability destroys any incentive to focus on the real problem – preventable medical errors and patient safety,” said AAJ President Gibson Vance.
Just as bothersome is the unconstitutionality of the bill. Several Congressmen, including Republican Ted Poe of Texas, pointed out that the bill was a violation of the Seventh and Tenth Amendments. Time will tell whether our newly elected Congress is serious about upholding our Constitution, or are only interested in giving it lip service and selling out to the insurance lobby.
