Published: February 2017

Congress moves to punish malpractice victims using ACA and Medicaid benefits

Malpractice kills as many 400,000 people a year, making it the third leading cause of death in the United States, and is responsible for ten times as many injuries. Yet instead of enhancing patient safety, the House Republicans aim to impose severe limits on medical malpractice lawsuits with H.R. 1215 – a move that would both prevent victims from receiving appropriate compensation and make the malpractice problem worse, by lessening the deterrent effect of litigation.

H.R. 1215, the so-called “Protecting Access to Care Act of 2017,” seeks to eliminate civil justice rights guaranteed by state governments. These horrific mandates include taking power away from local juries to decide individual cases, and instead put that power in the hands of Congress. The bill’s sweeping scope covers not only cases involving medical malpractice, but also cases involving unsafe drugs and nursing home abuse and neglect and pertains to anyone who receives federally subsidized healthcare, including the Affordable Care Act, veteran and servicemember health plans, Medicare and Medicaid.

Lead Organization

Center for Justice & Democracy

Other Organizations

Alliance for Justice | American Association for Justice | Annie Appleseed Project | Autistic Self Advocacy Network | Center for Justice & Democracy | Citizen Action/Illinois | Connecticut Center for Patient Safety | Consumer Action | Consumer Federation of America | Consumer Watchdog | Daily Kos | Homeowners Against Deficient Dwellings | Leahslegacy.org | Mothers Against Medical Error | National Association of Consumer Advocates | National Center for Health Research (NCHR) | National Consumer Voice for Quality Long-Term Care | National Consumers League | National Medical Malpractice Advocacy Association | National Women's Health Network | NYPIRG | Patient Safety America | Public Citizen | Public Justice | Public Justice Center | Public Law Center | PULSE of Colorado | Quinolone Vigilance Foundation | The Empowered Patient Coalition | Washington Civil & Disability Advocate

More Information

For more information, please visit Center for Justice & Democracy.

Download PDF

Congress moves to punish malpractice victims using ACA and Medicaid benefits   (HR1215HousJudLtr3.compressed.pdf)