Malpractice

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John_Doe

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AMA reps and PAC contributions helped make this happen:

WASHINGTON – United States Rep. Virginia Foxx (N.C.-5) today voted for H.R. 5, the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2005. With Foxx’s support, the measure passed the House this afternoon by a vote of 230-194.

“Skyrocketing insurance premiums and out of control lawsuits have diminished our nation’s health care delivery systems for far too long,” Rep. Foxx said on the House floor. “Health care dollars should be spent on patients in the hospital – not on lawyers in the courtroom.”

The HEALTH Act addresses the issue by creating reasonable guidelines, not caps, on punitive damages. According to the bill, a plaintiff may recover punitive damages totaling either $250,000 or double the amount of economic damages awarded -- whichever is greater. The HEALTH Act accomplishes this meaningful reform without limiting compensation for 100 percent of plaintiffs’ economic losses, their medical costs, lost wages, future lost wages, rehabilitation costs and any other out-of-pocket loss suffered as a result of a health care injury. The bill seeks only to limit the punitive damages that lawyers aim to inflate.

“This legislation is pro-patient in every way. It will increase quality of care and decrease patients’ costs,” said Foxx. “The HEALTH Act actually empowers courts to maximize patients’ awards because the court can now ensure that an unjust portion of the patient’s recovery is not misdirected to his or her attorney.”

The bill will also discourage baseless lawsuits by limiting the incentive to pursue meritless claims. Without this provision, attorneys could continue to pocket large percentages of an injured patient’s award, leaving patients without the money they need for their medical care.

“Lawyers never cure anyone. Spending health care dollars on frivolous lawsuits instead of treating and curing the sick is a travesty. I urge our Senators to drastically improve America’s health care system by passing this bill as soon as possible,” said Rep. Foxx.

The HEALTH Act passed the House in 2003, but was not taken up by the Senate before the end of the 108th Congress.

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