GOP Again Proposes Malpractice Tort Reform, With a Twist

February 28, 2017

Over the past 20 years, House Republicans repeatedly have passed malpractice tort reform that caps noneconomic damages at $250,000, only to be stymied by Senate Democrats who view such measures as an intrusion on a plaintiff’s right to his or her day in court.

Today, the Republican-controlled House Judiciary Committee narrowly approved another such medical liability bill, but one with a twist. The reforms would apply to malpractice suits in which the plaintiff received healthcare covered through a federal program, subsidy, or tax benefit. In other words, healthcare provided under Medicare, Medicaid, or private health plans subsidized by the Affordable Care Act.

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