The U.S. House of Representatives recently passed the Protecting Access to Care Act of 2017, which is designed to limit the liability of health care providers in malpractice cases. More specifically, the Act would place time limits on any lawsuits arising from health care facilities that receive federal funding, including Medicaid and Medicare reimbursements. The Act also would cap the amount of damages that victims of medical malpractice at these facilities could receive to $250,000.
Under the Act, victims of abuse or neglect caused by long-term care facilities would have only a certain period of time in which to file lawsuits. In this situation, a patient or resident would have to file a lawsuit against the responsible facility either within three years of the injury or one year of discovering the injury, whichever occurs first. Furthermore, the health care providers covered by the Act would have no liability for using medications approved by the U.S. Food and Drug Administration, even if doing so caused harm to a patient.
Healthcare industry representatives hail the measure as a positive step toward preserving the resources that currently are available for health care facilities. The industry position is that the rising costs of liability threaten access to care and health care jobs. On the other hand, the American Association for Justice rejected the bill as a shield for negligent health care providers and those who cause injuries to patients and residents of these facilities, whom they claim put profits ahead of patient care.
At Boller & Vaughan, we know firsthand just how essential long-term care is in the lives of our clients and their families. If your family member has suffered abuse or neglect in a long-term care setting, we are here to protect your rights and represent your interests, no matter what the case may involve. Our law firm has the experience that you need in a case such as this, so that you can explore all of the options that are available to you, and decide what legal avenue to pursue. Call the Wisconsin nursing home neglect attorneys today at (608) 268-0268 and schedule a free consultation.