About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

45 J. Legis. 81 (2018)
The Unconstitutionality of the Protecting Access to Care Act of 2017's Cap on Noneconomic Damages in Medical Malpractice Cases

handle is hein.journals/jleg45 and id is 81 raw text is: THE UNCONSTITUTIONALITY OF THE PROTECTING ACCESS TO CARE ACT OF 2017'S CAP ON NONECONOMIC DAMAGES IN MEDICAL MALPRACTICE CASES Kaeleigh P. Christiet INTRODUCTION With the support of the Trump Administration,1 the Protecting Access to Care Act of 2017 (PACA) passed the House of Representatives by a vote of 218-210 on July 28, 2017. This legislation, proposed by Representative Steve King (R-IA-4), establishes provisions governing health care lawsuits where coverage for the care was provided or subsidized by the federal government, including through a subsidy or tax benefit.2 Those whose health plans fall under Medicare and Medicaid will be affected by this legislation.3 Likewise, veterans, servicemen, and their families will also be affected.4 Further, those who have received their health care under an Af- fordable Care Act Exchange will be subjected to the provisions of this healthcare reform, as well as those with any insurance plan - including any employer-spon- sored plan - that receives any tax credits from the federal government.5 The provisions of the Protecting Access to Care Act include a three-year statute of limitations on medical malpractice cases, constraints on plaintiff's attorney fees, and joint-and-several liability with a fair share rule where a defendant in a lawsuit would only be liable for damages equal to his percentage of responsibility in the neg- ligence.6 However, the most controversial provision in the bill is that which places a cap on a plaintiff's noneconomic damages at $250,000 in medical malpractice suits.7 Whether the patient harmed by the negligence of a medical professional or t J.D. Candidate, Notre Dame Law School, 2019; B.A., The George Washington University, 2016. I would like to thank the members of the Notre Dame Journal of Legislation's editing team for their hard work and assistance in this endeavor. I also would like to thank my family and especially, my grandparents, for all their continued belief, encouragement, and support. 1 Rep. Steve King, et al., H.R. 1215 Protecting Access to Care Act of 2017, THE WHITE HOUSE (June 13, 2017), https://www.whitehouse.gov/the-press-office/2017/06/14/hr-1215-%E2%80%93-protecting-access- care-act-2017. 2 Protecting Access to Care Act of 2017, H.R. 1215, 115th Cong. (2017). 3 Joanne Doroshow, Congress Moves to Punish Anyone Using the ACA and Medicine, HUFFINGTON POST (Feb. 26, 2017), https://www.huffingtonpost.com/entry/congress-moves-to-punish-everyone-using-the- affordable us 58b34240e4b0e5fdf6197405. 4 Id. 5 Wendy E. Parmet & Elisabeth J. Ryan, Not Your Grandfather's Preemption: Proposed Federal Preemption of State Medical Malpractice Cases, PUB. HEALTH LAW WATCH (Aug. 23, 2017), https://www.publichealthlawwatch.org/blog/2017/8/23/not-your-grandfathers-preemption-the-imposition-of- federal-limits-on-state-court-medical-malpractice-cases. 6 H.R. 1215, supra note 2. 7 Bill Corriher, The Other Terrible Health Care Bill Pending in Congress, CTR. FOR AM. PROGRESS

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most