The right to a trial by jury is one of the most sacred rights provided
to us by the Constitution. Rourke & Blumenthal has always believed
that a jury of our peers should decide a dispute after hearing all of
the evidence, not politicians funded by large corporations and insurance
companies. This is why we are so concerned about various new laws that
the politicians in Washington have devised that are specifically aimed
at destroying our access to the courts and our right to have a dispute
fairly decided by an impartial jury.
The bill "Protecting Access to Care Act" [H.R. 1215] is an example
of Washington politicians reducing access to the courts while undermining
patient safety for citizens throughout our country. The bill would limit
the compensation for injuries caused by medical professionals regardless
of the severity of injury to the patient; allow big insurance companies
to make "payments" to injured patients over time as opposed
to paying full compensation as ordered by a jury or court; make it much
more difficult for patients to find an attorney willing to take their
cases because of significant restrictions on fee contracts that they are
allowed to enter into with a lawyer; and impedes on the rights of States
to decide how to best protect their citizens through patient safety liability laws.
While this may not mean much to the average citizen right now, it may very
well have significant ramifications for you or a loved one in the future.
Research has shown that preventable medical errors are the third leading
cause of death in our country.https://www.washingtonpost.com/news/to-your-health/wp/2016/05/03/researchers-medical-errors-now-third-leading-cause-of-death-in-united-states/?utm_term=.b605bb47412e . If passed, this law will all but destroy your right to use the judicial
system to protect your rights against the responsible party if the day
comes where you or a loved one is injured by a medical provider. This
law also allows negligent medical providers and their insurance companies
to pass the buck for the harms that they cause to the injured patient
or to taxpayers.
Regardless of your personal political affiliation, most Americans would
agree that we need to be diligent in obtaining reliable information given
all of the questionable news sources on the internet and the reports of
"fake news." Healthcare is a very hot topic in our country right
now. Rourke & Blumenthal challenges you to research the impact of
tort reform on the health system. We are confident that you will find
that tort reform has been turned into a political weapon that serves to
distract us from addressing the real problems in our healthcare system,
such as too many preventable injuries and deaths that are incredibly costly
to patients, insurers, and the general public.
If you see a problem with big government unnecessarily interfering with
your rights as a patient and citizen, we encourage you to reach out to
your local government officials to speak out. Here is a link to help you do that: