S. 44, The MCAP Act (3 comments ↓)

  • This item is from the 113th Congress (2013-2014) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
  • This bill, or a similar bill, was reintroduced in the current Congress as S. 1455, The Recovery Enhancement for Addiction Treatment Act.

S. 44 would improve patient access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the health care delivery system.

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To What Comittee was this Bill Referred?

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Dennis Hall

February 8, 2013, 12:16pm (report abuse)

Even though this makes perfect sense, what are the chances of this being passed considering that most of Congress seems to be made up of LAWYERS.

Rachel J

March 4, 2013, 6:18pm (report abuse)

While I used to be largely in favor of tort reform, and capping the amount of money a person could win in a medical malpractice suit, I have changed my view on that. I changed my view on this because of the cost to the taxpayers. When the government caps what an individual can win in a medical malpractice suit, and that money runs out, that disabled individual will most likely seek Medicaid to help cover the growing medical bills and future care. The purposed cap in this bill, $250,000, will hardly cover the damages and future medical care an individual will need due to medical malpractice. I feel it is only fair to hold the correct person responsible, the doctors not the taxpayers. The doctors or the medical institution, whichever, is the one that caused the injury, so by rights they should pay for it.

One aspect I really do like of this bill is the more aggressive sanctions for frivolous lawsuits. By doing this, I feel the courts will be less consumed by merit-less suits!

Ashley L

March 5, 2013, 6:33pm (report abuse)

I feel that damages need to be examined on a case by case basis. Setting a standard cap of $250,000 to $500,000 could place families who suffered serious injury that will have lasting results at a serious disadvantage.

I do, however, agree that sanctions should be imposed for frivolous lawsuits and I also agree with setting limits to lawyer compensation because I feel that lawyers at times may partake in merit-less lawsuits strickly out of greed.

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