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U.S. House to Vote Tomorrow on Capping Non-Economic Damages and Limiting Contingency Fees

The so-called “Protecting Access to Care Act of 2017” is coming to a floor vote tomorrow. I am asking my readers to contact their congressperson and ask that they vote “NO” to this legislation.

If this bill becomes law, it would limit damages for pain and suffering to $250,000 for anyone who receives medical care “provided in whole or in part via a federal program, subsidy or tax benefit” such as Medicare, Medicaid or the Affordable Care Act. Medical care paid for by employer health plans would also fall under this bill since health insurance premiums receive federal tax exemptions.

This legislation would limit attorneys fees. The first $50,000 awarded to a malpractice victim would be subject to a 40 percent limit, 33.3 percent for the next $50,000, and 25 percent for the next $500,000. For an award in excess of $600,000, lawyers can receive contingency fees of just 15 percent.

The bill has a statute of limitations component. It would require medical malpractice plaintiffs to file suit within three years of the date of the injury or one year after the patient discovers or should have discovered the injury, whichever comes first.

If you would like help in reaching members of Congress please click here. We must take immediate action to generate as many votes against this bill as possible. Thank you.

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