Jason Ohliger, Esq

WHAT'S OUR CONGRESS UP TO NOW? Well, putting special interests ahead of people of course... If you value quality health care for yourself and your family, then this will be worth the read. A pending bill (linked below) threatens to bar patients from recovering damages for genuine medical errors. This proposed law, which has passed the House and is now before the Senate Judiciary Committee, proposes a dangerous trifecta: ... (1) a cap on pain and suffering damages which would make it impossible to recover more than $250,000 for damages beyond medical expenses and wage loss. This amount is significantly BELOW the standard malpractice insurance policy limits currently required by most states (and already factored into the cost of care); (2) limitations on attorney fees, aimed at discouraging attorneys from taking on these already very expensive, specialized, and complex cases; and (3) a three year statute of limitations for all claims on behalf of children over 6 years old. In order to warrant federal regulation of what has traditionally been a state issue, the law uses federal "hooks" such as Medicare and Medicaid. The result is that these limitations would apply disproportionately to recipients of these programs -- who happen to be the youngest, the oldest, and the poorest Americans. If it passes, this law would have terrible effects. It will NOT protect careful doctors from frivolous claims (which state laws already do). Rather, it will shield those who commit egregious, life altering errors from legitimate claims. It will also enrich their malpractice insurance carriers, who will increase profits by continuing to collect premiums while paying fewer claims in smaller amounts. It will reduce the quality of care and patient safety. It will potentially INCREASE the public welfare burden and attendant cost to taxpayers. It will forever bar children as young as 10 YEARS OLD from bringing suit later in life, despite the fact that they have no ability to protect their legal rights at the time of their injuries. It will further expand federal intrusion into matters of state law. Health is an issue that transcends political party. Patient safety should never be compromised under the guise of saving money. Feel free to educate others as to what Congress is up to by liking and sharing this post. https://www.congress.gov/bill/115th-congress/house-bill/1215

Please like and share the page for my new firmWeinstein, Zimmerman & Ohliger-Attorneys at Law

WHAT'S OUR CONGRESS UP TO NOW? Well, putting special interests ahead of people of course... If you value quality health care for yourself and your family, then this will be worth the read. A pending bill (linked below) threatens to bar patients from recovering damages for genuine medical errors. This proposed law, which has passed the House and is now before the Senate Judiciary Committee, proposes a dangerous trifecta: ... (1) a cap on pain and suffering damages which would make it impossible to recover more than $250,000 for damages beyond medical expenses and wage loss. This amount is significantly BELOW the standard malpractice insurance policy limits currently required by most states (and already factored into the cost of care); (2) limitations on attorney fees, aimed at discouraging attorneys from taking on these already very expensive, specialized, and complex cases; and (3) a three year statute of limitations for all claims on behalf of children over 6 years old. In order to warrant federal regulation of what has traditionally been a state issue, the law uses federal "hooks" such as Medicare and Medicaid. The result is that these limitations would apply disproportionately to recipients of these programs -- who happen to be the youngest, the oldest, and the poorest Americans. If it passes, this law would have terrible effects. It will NOT protect careful doctors from frivolous claims (which state laws already do). Rather, it will shield those who commit egregious, life altering errors from legitimate claims. It will also enrich their malpractice insurance carriers, who will increase profits by continuing to collect premiums while paying fewer claims in smaller amounts. It will reduce the quality of care and patient safety. It will potentially INCREASE the public welfare burden and attendant cost to taxpayers. It will forever bar children as young as 10 YEARS OLD from bringing suit later in life, despite the fact that they have no ability to protect their legal rights at the time of their injuries. It will further expand federal intrusion into matters of state law. Health is an issue that transcends political party. Patient safety should never be compromised under the guise of saving money. Feel free to educate others as to what Congress is up to by liking and sharing this post. https://www.congress.gov/bill/115th-congress/house-bill/1215

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Please like and share the page for my new firmWeinstein, Zimmerman & Ohliger-Attorneys at Law