The 112th Congress has been in session for only a few short weeks, and we have already seen that elections indeed have consequences. Instead of focusing on jobs, the U.S. House of Representatives has gone back to the past. Their health care plan is known as "repeal and replace." They have already voted to repeal health care reform. The next step is to replace it with severe (medical malpractice) tort reform.
Rep. Phil Gingrey (R-GA) has introduced H.R. 5, the Health Act. The bill is an exact copy (it even has the same bill number) of H.R. 5 from the 109th Congress. The only difference is now there is a new justification: pass this bill to replace the new health care law. H.R. 5 is a very broad bill. It applies to all claims against health care providers, regardless of the theory of liability. It also applies to cases against the pharmaceutical, nursing home, medical device, and insurance industries. The bill preempts state law that is more favorable to patients while keeping in place state law that favors medical providers.
We expect to see numerous attacks on the civil justice system by this Congress during the next two years. We are going to need your help early and often.
- We need recent client stories from all 50 states. If you have a compelling story or want to get involved with AAJ’s efforts, email Sam Kruzel at sam.kruzel@justice.org.
- Get involved and contribute to the Protecting Patients Rights Campaign. Donate Now!
- Talking Points: General Message.
- Talking Points: Oppose H.R. 5.
- More resources on medical negligence and patient safety.
