"Meyerkord and Meyerkord, a Legacy of Legal Innovation"
A bill introduced in the House of Representatives in January 2011 by Representative Phil Gingrey of Georgia would cap noneconomic damages for plaintiffs (commonly known as pain and suffering compensation) at $250,000. It would be one of the newest and most pervasive additions to tort reform in the medical malpractice field. It would extend to all personal injury and wrongful death claims dealing with medical negligence, nursing home abuse or neglect, and injuries as a result of faulty medical devices. The bill, referred to as the Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011, among other things, proposes a cap on pain and suffering damages at the federal level of $250,000. This would effectively take the power of decision out of the states' hands in determining an appropriate cap, if any, in their own territory. Missouri's current cap is $350,000. The bill is supported by the American Medical Association (AMA); in a statement made in January when the bill was introduced, Ardis Dee Hoven, MD, chair of the AMA, touted the bill as a way to address, "our nation's broken medical liability system". On May 23, 2011, the bill was placed on the Union
calendar for the House of Representatives. To read the full bill text, click
here.
The attorneys at Meyerkord and Meyerkord vehemently oppose this bill as well as any law which caps an injured person's ability to recover for their pain and suffering. The effect of this law is to take the decision of what is appropriate to award an injured person out of the hands of the jury and into the hands of the legislature. Incredibly, this cap is not even adjusted yearly for inflation. If you or a loved one has been injured in a medical setting and you need representation to ensure that you receive adequate compensation, please call (800) 391-4318 to set up an appointment to talk with one of our personal injury attorneys.
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