GOP 2018 Legislative Agenda

Agenda is the operative word. From restricting a person right to sue for damages, (tort reform); to determining when an on-the-job injury allows them to return to work. I always thought that the GOP hated government oversight & regulation. (click here for overview)

Limiting or restricting your right to legal and financial judgement as a result of negligence or malpractice is an erosion of the 7th Amendment of the U.S. Constitution.  How?  By handcuffing the award judgement that a jury can hand out.

Adding to that, it leaves into the hands of an employer the decision as to whether someone who is injured in the course of their work is fit enough to return to work, rather than the physician who is treating you.

The problem here is that if you are injured on-the-job or incapacitated due to a medical procedure performed improperly, your ability to seek compensation is being threatened.  And such erosion of non-economic damages does not protect the physician, nurse practitioner, nurse or other healthcare worker from rising premium costs for medical malpractice insurance.

It is shown in states like California and Indiana where caps have been placed on jury judgement that the only beneficiaries to this are insurance companies and hospitals.  Physician’s, who carry medical malpractice insurance, have not seen their insurance premiums decrease, which leaves them paying more and their hospital institutions paying less.

 

 

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