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Understanding the Protecting Access to Care Act of 2017

How would you feel if you went through severe medical trauma only to find out that a lawsuit is nearly impossible to go through with? The person responsible for your injuries would essentially get away with everything that happened to you with nothing but a slap on the wrist. Congress is currently pushing legislation that would do this, and it could impact your ability to file a claim when you need to most.

Medical mistakes kill 440,000 people in America every year. Medical errors themselves are the third leading cause of death in the country. When you begin to consider how many people have been injured, the shock of how many medical mistakes happen and how they affect people grows.

What is the Protecting Access to Care Act of 2017?

The Protecting Access to Care Act of 2017, introduced to the House in February 2017, limits the time you have to file a lawsuit. According to the Act, patients would have three years to file a claim or one year after the discovery of an injury, whichever occurs first. So, at maximum, patients receive three years to file a lawsuit. For minors, the statute of limitations is three years after an injury, except if the minor is under the age of six. If the minor is under the age of six, then he or she has three years following the injury to make a claim, a year following the discovery of the claim or the minor's eighteenth birthday, whichever is later.

Are damages limited under this act?

Yes, and that hurts patients like yourself. According to the Act, your noneconomic damages are limited to $250,000. This impacts people who do not work, like children or the elderly, most directly.

Maybe more shocking than the limit on the amount you can claim for is the fact that the U.S. House Judiciary Committee did not exclude cases of doctors operating on the wrong person or body part, and it did not exclude cases involving intentional harm. That means every patient is limited when filing a claim.

Your attorney can talk to you about how this new Act could affect you if it is passed and made into law. Your claim could be threatened, so it's time to ta ke a stand against these acts.

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Michael H. Bereston, Inc.
138 Main Street, Suite 200
P.O. Box 2990
Annapolis, MD 21401

Maryland: 410-793-4554
Toll Free: 866-517-4037
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