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Medical Malpractice Lawsuits Must Be Decided By States

Since it was first filed in the House of Representatives, we have been closely following the advance of a bill known as H.R. 5 or the HEALTH Act. As we have consistently explained, this measure would constitute a serious blow to victims of all stripes who have been harmed by their doctors, nursing home caretakers, and others. Illinois medical malpractice victims would certainly suffer. The regressive measures in the bill would be taken despite that fact that nearly 100,000 people are killed each year because of preventable actions by those that are supposed to be making them well.

As Gibson Vance explained in a letter published by Roll Call, this tort reform measure, which would bind all states, is being pushed by the very legislators who so often believe that the federal government continues to overstep its bounds of power. Interestingly, many of those claiming that the comprehensive Affordable Care Act championed by President Obama last year is unconstitutional because Congress lacks the ability to pass such a measure pursuant to the Commerce Clause. Yet these same individuals turn around and claim that the Commerce Clause gives them the power to enact mandates on the states like H.R. 5.

Something is clearly wrong here.

Issues related to the justice system and medical malpractice lawsuits specifically have always been within the purview of each individual state. Now claimed states-rights officials are attempting to preempt and supersede state law. That is one of the main reasons why bipartisan groups like the National Conference of State Legislatures are staunchly opposed to the bill. The very sponsor of this bill has repeatedly criticized laws that present a “Washington knows best” approach to lawmaking. But apparently he is able to forget that principle when it suits a particular need.

Our Chicago medical malpractice lawyers at Levin & Perconti know that victims of medical errors deserve adequate legal protections. Please keep a close eye on the progress of H.R. 5 and take action to defeat this downright dangerous legislation.

See Our Related Blog Posts:

Illinois Medical Malpractice Watch: Dangerous Tort Reform Bill Advances in Congress

Illinois Medical Malpractice Reform Would Have Huge Costs