Harris Powers & Cunningham HPC Law Offices

HARRIS POWERS & CUNNINGHAM

Medical Malpractice, Car Accident, and Serious Injury Attorneys

Conservative Organizations Fight Against Federalizing State Medical Malpractice Laws

On Behalf of | Jun 12, 2017 | Community

Federal lawmakers are quietly trying to push through legislation that will limit your right to hold unsafe health care providers accountable for preventable medical errors. The legislation will create a $250,000 federal cap on the amount a jury can award in a medical malpractice case. More than 30 states have some form of caps on damages in such cases, while 18 states prevent restrictions on jury awards either by constitutional provision or state court decisions holding such caps are unconstitutional.

Through this legislation, the federal government wants to take away the freedom of choice our Founders ensured would belong to the states and its citizens. The citizens have the freedom of choice as to systems of government and the law under which they prefer to live, but the federal government wants to take this freedom away.

We believe that the public should be aware of this action, especially since the proposed legislation would violate the Arizona Constitution.

Many conservative organizations and their leaders oppose this legislation and have written to Congress urging it to reject “the ‘federalization’ of state tort law that is contrary to constitutional principles and represents an undue restriction on freedom.” You should too. Reach out to your Congressional representatives and senators and let them know you oppose any federal restriction on freedom.

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