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Opposing Limits on Patients' Rights
Medical malpractice is a patient being injured because he
or she failed to receive proper medical care. Our firm fights to give patients and
their families the right to hold the health-care industry accountable if health-care
workers injure them through malpractice.
Policymakers modeled federal medical malpractice
legislation on the draconian 1975 California malpractice law, now overwhelmingly opposed
by the state's residents. Only the federal proposal exceeds California's law in
limiting patients' rights and protecting the insurance industry. It will apply to
all nursing homes, medical devices, medications, HMOs, and health insurers, and will
effectively eliminate punitive damages, limit non-economic damages, and do away with many
other important patient and consumer protections.
Good Reasons to
Oppose Limits on Patients' Rights
- Limits on patients' rights won't reduce the cost of medical
malpractice insurance.
- Arbitrary and discriminatory caps on non-economic damages
hurt those patients with the most serious injuries.
- Medical malpractice limits also apply to product liability
actions against makers and marketers of defective drugs and medical devices.
- Nursing-home operators' liability will be reduced.
- Medical malpractice limitations may apply to actions against
health insurers and HMOs.
- Non-economic damage caps are unfair to women since they
shamefully devalue the worth of homemakers and stay-at-home moms, as well as others with
little or no income.
- Punitive damages for even the most egregious behaviors would
be virtually unrecoverable.
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