Will the change in presidency affect medical malpractice laws?

Will the change in presidency affect medical malpractice laws?

With the upcoming transition in the presidency, many wonder how the change will affect their legal rights, including medical malpractice, which is often a very politicized topic. Often more conservative candidates campaign on platforms urging "tort reform", which may include items such as caps or limits on damage recovery, and alternative methods to resolve medical disputes, such as health courts.

Here, while President Elect Trump did not push a pro-tort reform agenda during the campaign, with the strengthened Republican leadership it may become a topic. Further Trump's cabinet pick, Tom Price as Secretary of Health and Human Services, has spent much time in congress promoting the interests of the medical profession, including seeking federal caps on medical malpractice cases. He also co-sponsored a bill that would have limited reports used by hospitals and regulators to perform background checks used to screen doctors before hiring them.

He also led an effort to make changes to Obamacare, including calling for “lawsuit abuse reforms” that would allow the HHS secretary to give states money to create tribunals to review malpractice claims. The process would make it more difficult for patients to prove medical error, setting the standard at “gross negligence." While none of these measures have been implemented, they provide insight into the leanings of the new administration.

As San Diego medical malpractice lawyers, we will continue to fight to protect our clients rights to seek redress for medical errors.

For more information, or if you believe that you have suffered harm as the result of a medical error, please contact our San Diego personal injury attorneys for an immediate consultation.


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