BronxLawGuide opposes limit on rights of brain damaged children

March 27, 2011 (PRLEAP.COM) Business News
The BronxLawGuide has taken a strong position against the proposed limits on the rights of children who suffer brain injuries due to medical malpractice which has been slipped into Governor Cuomo's proposed budget.

In an Action Alert Accident Guide, Matthew J. McMahon, Esq. and Malpractice Guide, James Wilkens, Esq., explain how the proposal will discriminate against the most severely disabled kids who cannot speak for themselves.

The proposal was formulated by a team representing almost exclusively the health care industry which severely limited public comment. Their scheme to shift the responsibility for the cost of medical malpractice from doctors and hospitals to the public at large was included in a budget proposal instead of a tort reform bill to make it difficult for legislators to cross out these objectionable provisions without causing the New York State Government to shut down.

While the team claims that the proposal will save Medicaid costs, its proposal would make Medicaid and hospital patients responsible for costs which negligent doctors and hospitals can now be held responsible. Under existing law, amounts awarded by jurors in malpractice cases for past medical expenses are used to reimburse Medicaid and Medicare for expenses paid by these programs. Amounts awarded by jurors for future medical needs and expenses are used to set up trusts to pay for these expenses so that Medicaid and Medicare do not have to pay for these expenses.

The proposal by the health industry team would create a fund paid for by surcharges to patients admitted to hospitals. The fund would only pay for expenses it deems necessary if the brain damaged child is not entitled to Medicaid. Not only would there be no savings to Medicaid, but the reimbursement that Medicaid now receives from malpractice awards would be eliminated.

To suppress this glaring logic fault in the proposal, the Team cut short public comment. Originally scheduled for four days of public comment, the team reduced public comment to one day, limiting individual comment to just two minutes.

Noting that there are only days left until this proposal will become law, the BronxLawGuide is urging its visitors to let their New York State Legislators know that they do not support the proposal.

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