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.
Our last post explained the prevalence of speeding on American roadways and how it led to as many deaths as both alcohol-related driving and lack of seatbelt usage. Aside from highlighting the findings of its […]
ABC News recently reported on the criminal charges that authorities have filed against one nursing home employee who is accused of verbally abusing a patient with Alzheimer’s Disease by using Snapchat. Authorities charged the woman […]
"*" indicates required fields
We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.