In a letter submitted to a congressional health committee, the National Conference of State Legislatures (NCSL), a bipartisan organization that serves state legislators and staffs across the country, expressed strong opposition to H.R. 5, a bill that would undermine public safety by unfairly restricting medical malpractice claims and capping damages. We’ve previously reported on the many prevailing myths that have greatly distorted the medical malpractice issue.
The NCSL letter states, “medical malpractice, product liability, and other areas of tort reform are areas of law that have been traditionally and successfully regulated by the states.” The NCSL argues that all states have statutes of limitations for medical malpractice suits and rules on civil procedure. Many states also place caps on non-economic damages and limit attorney’s fees. States also consistently revise their medical malpractice laws and procedures.
As the NCSL points out, this bill would impose an economic and logistical burden on cash strapped state governments, in addition to undercutting public safety. It serves as yet another example of why H.R. 5 is misguided and should be opposed by members of Congress.
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