Compensating Persons Injured by Medical Malpractice and Other Tortious Behavior for Future Medical Expenses Under the Affordable Care Act

39 Pages Posted: 1 May 2016

See all articles by Maxwell Mehlman

Maxwell Mehlman

Case Western Reserve University School of Law

Jay Angoff

Mehri & Skalet, PLLC

Patrick Malone

Patrick Malone & Associates

Charles Silver

University of Texas at Austin - School of Law

Peter Weinberger

Spangenberg Shibley & Liber LLP

Date Written: April 28, 2016

Abstract

In an effort to reduce the amount of compensation available to persons injured by medical malpractice and other torts, opponents of the civil justice system are proposing to limit claimants’ recovery for future care expenses to the maximum annual out-of-pocket limit under the Affordable Care Act (ACA), which in 2015 is $6600. The article explains that the proposal is based on unreliable assumptions about the ACA; misunderstands the scope of the ACA’s out-of-pocket limit; is unworkable; and would be bad public policy by reducing the quality of health care, shifting costs from tortfeasors to taxpayers, imposing additional losses on innocent claimants, and subverting the democratic process.

Keywords: Medical Malpractice, Affordable Care Act (ACA), Out-of-pocket limit, Torts, Statutory limitations

JEL Classification: K13, K40

Suggested Citation

Mehlman, Maxwell and Angoff, Jay and Malone, Patrick and Silver, Charles M. and Weinberger, Peter, Compensating Persons Injured by Medical Malpractice and Other Tortious Behavior for Future Medical Expenses Under the Affordable Care Act (April 28, 2016). 25 Annals of Health Law 35 (2016); Case Legal Studies Research Paper No. 2016-14. Available at SSRN: https://ssrn.com/abstract=2772210

Maxwell Mehlman (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

Jay Angoff

Mehri & Skalet, PLLC ( email )

1250 Connecticut Ave NW
#300
Washington, DC 20036
United States

Patrick Malone

Patrick Malone & Associates ( email )

1310 L St. NW
Suite 800
Washington, DC 20005
United States
202-742-1500 (Phone)

HOME PAGE: http://www.patrickmalonelaw.com

Charles M. Silver

University of Texas at Austin - School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States
512-232-1337 (Phone)
512-232-1372 (Fax)

Peter Weinberger

Spangenberg Shibley & Liber LLP ( email )

1001 Lakeside Ave E#1700
Cleveland, OH 44114
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
498
rank
54,245
Abstract Views
1,342
PlumX Metrics