Gary A. Zucker & Associates, P.C. Blog

HEALTH CARE REFORM BILL AND MEDICAL MALPRACTICE

Mar 30, 2010 — by Gary Zucker
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One of the many concerns about the health care reform bill that was recently signed by President Obama was that it might deprive those who have suffered devastating injuries or death due to the mistakes of doctors and other medical providers of their right to a jury trial. Fortunately, although the bill permits all states, including New York, to institute alternatives to jury trials in order to resolve medical malpractice lawsuits, it also provides that such alternatives are optional. This means that under the health care bill, plaintiffs in a medical malpractice suit will retain their right to have their claims heard and determined by a jury, a fundamental right under our Constitution. In addition, the proposal to institute caps (limits) on the awards for medical malpractice was defeated, thus ensuring that those who are severely injured due to malpractice will recover just compensation.

If you or a family member have suffered an injury due to medical malpractice ple


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