State Legislatures Oppose Medical Malpractice Bill that Denies Patients Legal Remedies for Negligent Care

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.

Read the full NCSL letter to Congress here.

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About the Author

Tom D'Amore is the founder of D'Amore Law Group and a trial attorney with over 30 years of experience representing injured people and their families across the West Coast, securing more than $325 million in recoveries. He handles cases involving car accidents, trucking accidents, construction injuries, medical malpractice, and sexual abuse. Licensed in Oregon, Washington, and California, Tom is the only NBTA board-certified truck accident attorney in Oregon. He is a national Board of Governors member, past Executive Committee member, and past Budget and Audit Chair of the American Association for Justice, as well as past President of the Oregon Trial Lawyers Association and an Eagle member of the Washington State Association for Justice.