Best Law Firms
American Board of Trial Advocates
2010 Street Fighter of The Year Award Finalists
Irish Legal 100
The Best Lawyers in America
Santa Clara County Bar
Super Lawyers
The National Trial Lawyers
California Lawyer
Top One
Santa Clara County Trial Lawyers Association

The Proposed Affordable Care Act Amendment Could Impact Your Right to Pursue Compensation for Medical Negligence

GavelMedical malpractice has come under scrutiny in recent years. In fact, numerous states have made efforts to reform medical malpractice laws. Most claim the goal is to reduce the overall cost of healthcare. However, estimates suggest that malpractice claims account for only about 2 to 2.5 percent of annual expenses in the healthcare industry. Now a new bill, the one that is supposed to improve the healthcare system, stands to reduce that amount even further. Learn more about how the new healthcare bill could impact your right to pursue compensation, and what it might mean for you or your loved ones.

New Bill Imposes Limits on Some Malpractice Suits

Individuals who are low-income, retired, or disabled typically receive health care coverage through Medicare or Medicaid. These groups of people, along with anyone covered under private healthcare insurance offered through the Affordable Care Act, will have limits on the amount they may be owed in medical malpractice compensation claims.

If the amendment passes as is, the limit on malpractice claims would be $250,000. This is the same malpractice suit cap that is placed on lawsuits in the state of California. However, nursing home negligence cases have, historically, been excluded from the limit. The new amendment would eliminate that exception.

Even Egregious Medical Errors Have Limits

Egregious errors, like the amputation of a wrong limb or a retained surgical item, are not just devastating, they are inexcusable. Unfortunately, even these errors will have the cap. Since it also applies to residents of nursing homes, this new cap will also include instances where bedsores, resident abuse, or maltreatment have led to death or serious injury.

Understanding the Potential Implications

There are many ways that the cap could impact the nation, not the least of which being how it would reduce the amount of compensation for serious injury victims. A cap of $250,000 is not enough to compensate for a lifetime of lost work, and it certainly is not sufficient to cover the loss of a life. However, the impact goes much further. The new amendment could also drive up the occurrence of medical errors. As such, patients may be at an even higher risk for injury. In a time like this, it becomes crucial that victims have an advocate on their side.

Contact Our San Jose Medical Malpractice Lawyers

If medical negligence has impacted you or someone you love, contact Corsiglia, McMahon & Allard, LLP. Our San Jose medical malpractice attorneys will aggressively protect your rights and pursue the most compensation possible. We are here to fight for you. Schedule your free consultation by calling our offices at (408) 289-1417 today.

Client Reviews
My experience with Attorney Brad Corsiglia during my recent medical malpractice case was nothing short of amazing given the very stressful circumstances. I was fortunate to find Brad highly recommended from a mutual contact and from the very beginning of the process, Brad was truly engaged and knowledgeable in understanding my case and providing input on what avenues were available to me. Michelle M.