HEALTH Act Opponents Raise Some Serious Questions
Learn more about the HEALTH Act of 2011 being considered in Congress, and why its so-called cost saving measures are not what they seem.
April 15, 2011
A new law affecting health care is currently under consideration in the U.S. House of Representatives. The Help Efficient, Accessible, Low-cost, Timely Healthcare Act of 2011 -- HEALTH Act for short -- is aimed at limiting legal liability nationwide for medical malpractice and the production of defective medical equipment.Despite the acronym used to name the HEALTH Act, many are raising serious questions as to whether the law's measures would actually lead to significant improvements in the health care system, or if they would only make a marginal impact at the expense of wrongly injured patients.
The Aims of the Bill
The goals of the HEALTH Act are simple: to reduce health care costs by artificially placing limits on the legal system. For example, the bill proposes to place a $250,000 limit on so-called non-economic damages (such as compensation for pain and suffering brought on by disfigurement, permanent blindness, etc.), regardless of the number of people hurt or the number of separate legal causes of action brought in regard to a particular incident. The HEALTH Act would also place limits on punitive damages, and set the statute of limitations (the window of time in which a lawsuit can be filed) for medical cases at the earlier of three years from the date an injury was proven or one year after the victim discovers the injury. These limits would apply not only to negligent physicians, but would also protect pharmaceutical companies and other medical product manufacturers.
Would it Work?
Patient safety groups, led by the Center for Justice and Democracy, are ardently opposing the HEALTH Act of 2011. According to the Congressional Budget Office, the provisions of the HEALTH Act would, at most, reduce overall health care costs by half a percent. And, this tiny savings comes at the expense of removing meaningful incentives for drug companies and health care providers to behave safely, potentially contributing to thousands of deaths and injuries annually.
The Victims
Large scale economics aside, those who would be truly harmed by the passage of the HEALTH Act would be individuals injured by medical carelessness. For them, the denial of the right to recover full compensation from those responsible for causing their life-changing conditions could be devastating.
If medical malpractice or a defective medical product has left you injured, speak with an experienced attorney to seek compensation for your medical bills and pain and suffering.
Article provided by Monsees, Miller, Mayer, Presley & Amick
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