No Support Found for Limited Medical Malpractice Damages

tablets-2148889_1920-300x135Americans are uninterested in having their rights to accountability in medical malpractice cases curtailed. Those are the results of a new study conducted by the Public Policy Polling Institute, which found that citizens of primarily Republican states are overwhelmingly against any tort reform laws that would limit their access to economic damages in medical malpractice lawsuits.

The Public Policy Polling survey specifically focused on 7 states-Florida, Georgia, Pennsylvania, Utah, Alabama, Texas, and Arizona. These are states that either always vote Republican, or have voted for either Democrats or Republicans in the recent past. The states were specifically chosen because voters in these states tend to favor tort reform laws that would restrict patient access to economic damages in cases involving injuries as a result of medical negligence.

However, the survey found that voters in these states were against proposals that would restrict their rights to economic damages.

The voters were asked about their reactions to HR 1215, a bill that seeks to restrict the amount of non-economic damages that are available to Americans under medical malpractice laws. Those damages are recoverable not just in medical malpractice cases, but also in cases relating to nursing home abuse and neglect, prescription drug- related lawsuits, as well as lawsuits related to malfunctioning medical devices.  A sampling of voters was asked for reactions to the bill as part of the survey, and more than 60% of the polled voters in every state confirmed their objection to the bill.

The highest number of voters opposed to the bill was surprisingly in Texas, where more than 70% of the respondents confirmed that they were against the bill, and 85% indicated their belief in nursing home accountability for neglect or abuse. Acceptance levels were extremely low in the case of nursing home abuses, with more than 75 % of the polled citizens in each state confirming their belief that nursing homes should be held financially accountable for negligence and abuse.

What the survey results does seem to indicate, is that across party lines and regardless of political affiliation, American citizens are fed up with corporate hegemony, and the ability of healthcare providers to simply walk away after injuries, and possibly deaths, caused as a result of medical negligence. Americans want corporations to be held accountable for these damages, and want their own rights to such damages to be protected under the law.

Medical negligence knows no party affiliation. You do not expect to be injured when you are admitted into a hospital and emergency room, and patients should never have to worry that they are at the complete mercy of providers, who enjoy freedom from accountability for any negligence or errors that occur on their watch.

The Indiana malpractice lawyers at Montross Miller Muller Mendelson & Kennedy, LLP represent and protect persons who have suffered injuries as a result of medical negligence across Indiana. Medical malpractice is a complicated area of law. Seeking a firm that is well-established and with a proven track record is critical to a successful case. Contact our attorneys today for a free consultation.