Medical Liability Erased: How the Protecting Access to Care Act of 2017 Limits Patients’ Access to Proper Care

Ben Cohen

Abstract


This paper outlines the severe impact that the Protecting Access to Care Act would have on victims of malpractice who have suffered grave injuries, and also explains how the bill would nearly eliminate patients’ ability to recover damages when doctors or hospitals provide negligent care. Part II of this paper will examine some of the limits that this bill would impose and the impact it would have on injured patients’ ability to recover damages. Part III will describe those entities that are truly driving this bill and what their motives for doing so are. Part IV will clarify some of the misconceptions about tort reform and caps on damages and why the enactment of this bill would ultimately do more harm than good. Finally, Part V will examine the benefits of medical malpractice litigation and why it is imperative to ensure that patients have the ability to find redress in a court of law.


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DOI: https://doi.org/10.5195/jlc.2019.161

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