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Medical Malpractice
Legislative proposals are expected to be considered shortly in the United States Senate that would pre-empt state medical and product liability laws and impose a cap on non-economic awards for those who have been found by a jury to have been severely damaged.
It is critical that we not heap additional burdens on those who have been harmed the most and who are, in many instances, the least able to afford it, by preventing them from being fairly compensated for their injuries.
The ABA urges legal and medical professionals to cooperate in seeking a solution to medical liability insurance problems, which are not addressed by capping pain and suffering awards and otherwise limiting awards to injured patients, and maintains that federal involvement in the area is inappropriate.
