H.R. 1215 is currently under consideration by Congress, and would limit Medical Malpractice damages for elderly on Medicare

Tampa, FL -- (ReleaseWire) -- 05/11/2017 -- The United States Congress is currently considering a bill that would place a $250,000 cap on non-economic damages in medical malpractice cases for anyone whose health coverage is subsidized or provided by the government. Called the "Protecting Access to Care Act of 2017," H.R. 1215 would supersede any state law regarding non-economic damages. Because the bill would specifically apply to anyone who receives Medicare, this bill has the potential to dramatically limit the amount that can be recovered in civil lawsuits for alleged elder abuse by elderly residents of nursing homes and their families.

H.R. 1215 has been introduced at a time when there is a high prevalence of elder abuse across the country. According to a study funded by the National Institute of Justice, 11 percent of all elderly residents of nursing homes and other long-term care facilities experience some form of mistreatment—whether intentional or unintentional, including physical, emotional or sexual abuse--every year. This mistreatment can take many forms, from nursing home workers providing a patient with the incorrect medication, to neglect that leads to pressure ulcers (also known as bed sores). 

For information on the signs to look for in elderly abuse of a loved one, see this informative post:
http://www.ask2amigo.com/blog/signs-family-member-may-victim-elder-abuse/

Although H.R. 1215 would not cap economic damages in medical malpractice cases, the effects of the cap on non-economic damages would be magnified for elder abuse patients who do not experience loss of income. In general, non-economic damages refer to those damages caused by medical malpractice that are not related to monetary losses; for example, pain and suffering, worsening of previous injuries and the loss of enjoyment of everyday activities, are considered as non-economic damages by the jury in medical malpractice cases.

Prominent Florida personal injury lawyer Armando Edmiston elaborates, "This cap on non-economic damages in medical malpractice cases protects the health care professionals and the insurance companies. In no way does this bill help the millions of Americans that are on Medicare/Medicaid or whose health insurance are subsidized by the federal government. The most valuable part of a medical malpractice case is the non-economic damages because they include the pain and suffering and loss of enjoyment of life."

As introduced by Rep. Steve King (R - IA), H.R. 1215 would also enact a statute of limitations that is significantly shorter than the current law in most states, repeal any state's joint and several liability laws (under which any party to a medical malpractice lawsuit can be held responsible for all of the damages caused by any other responsible party), and prohibit lump-sum recoveries when a plaintiff is successful in their suit. Taken together with the limit on non-economic damages, H.R. 1215 has the potential to significantly impair the ability of alleged victims of elder abuse, or their families, to achieve the same monetary damages in successful medical malpractice cases as under the current set of state laws.

Mr. Edmiston goes on to explain how this bill will affect a lawyer's ability to take personal injury cases on a contingency basis, and how that will trickle down to the victims of medical malpractice, "HR 1215 is an abomination to the almost 9 million people whose health insurance is provided for or subsidized by the federal government. This bill would almost surely cause a mass exodus of all the good personal injury lawyers who work hard to vindicate their clients from elderly abuse or professional misconduct. The plaintiff personal injury lawyer is the guardian to ensure that health professionals properly train and perform medical services within the realm of accepted medical practice. Without personal injury lawyers, the quality of healthcare in this country could reduce drastically. Should this bill pass, great lawyers like myself could not stay in this area of practice because it would greatly limit my ability to recover for the clients, which would affect my contingency income and allow me to help as many people as possible including taking riskier cases. Because in a medical malpractice case I am compensated on a contingency, the greater the award the more I can earn. However, if we lose at trial or I can't make a recovery for my clients, then I have lost everything including my time and costs in the case. That's why being able to take bigger cases allows us to get big recoveries so we can help everyone at our expense. This bill would in essence extinguish the ability for lawyers to take these cases on a contingency and would thus require injured people to pay hourly for the lawyers work. Meanwhile most of the people who are injured this way either have no income or very limited means so this bill would have a chilling effect to about 8 million people in this country. The only way we can continue to prosecute medical malpractice cases is if the legislature lets us recover the maximum amount that a jury awards. This bill limits the jury's findings, which to me, does not seem fair. In my view, let juries decide how much money a person should receive because of elderly abuse or medical malpractice. Justice is in the eyes of the beholder, however limiting recoveries for elderly people and other Americans because of their health insurance status seems unrighteous."

H.R. 1215 was introduced in the United States House of Representatives on February 24 and is currently on the calendar to be considered by the entire body. If successful in the House, the bill would also need to go before the U.S. Senate in order to become law.

About Armando Edmiston
Mr. Edmiston is the founding attorney at Florida based Ask2Amigo Law Firm. The attorneys at Ask2Amigo Law Firm have over 25 years of experience specializing in personal injury cases involving medical malpractice, elderly negligence and elder abuse. Call today to schedule a free consultation.

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Proposed Changes by the Florida Legislation Will Mean Big Changes in the Way that Prejudgement Interest in Determined in Personal Injury Cases

Tampa, FL -- (ReleaseWire) -- 04/25/2017 -- The Florida legislature is currently considering a bill which would enable plaintiffs who are successful in negligence actions to recoup prejudgment interest on economic and non-economic damages. Under the current law, interest is only charged on damages following the date that a legal decision is entered; the proposed legislation would allow interest to accrue from the date that the tort or injury occurred. If enacted into law, this legislation could significantly increase judgment amounts against defendants in personal injury lawsuits across the state.

As introduced by State Sen. Greg Steube (R-Sarasota), Senate Bill 334 would require Florida courts to add prejudgment interest to any monetary award granted to a plaintiff who is recovering both non-economic and economic damages. Both court costs and attorney fees would be included in the amount on which interest is calculated. For economic damages, interest would begin as of the date when the plaintiff lost the economic benefit; interest on non-economic damages would start to accrue from the date when the defendant was provided with notification of the plaintiff's claim. For court costs, prejudgment interest would begin accruing at the beginning of the next month after the court costs were paid.

If passed into law by both the Florida Senate and House, the new legislation would only affect cases after July 1, 2017.

State. Sen. Steube's proposed bill is proving somewhat controversial across the state and has received strong opposition from the Florida business community as well as groups such as the Florida Justice Reform Institute (FJRI), the Florida Chamber of Commerce, Associated Industries of Florida (AIF), Florida Retail Federation (FRF), American Tort Reform Association (ATRA) and the Property Casualty Insurers Association of America. According to the bill's opponents, the proposed legislation could carry high costs for Florida employers. On the other hand, the plaintiffs' bar is strongly in support of the proposed legislation. 

According to prominent Florida personal injury attorney Armando Edimston, "If this bill passes and becomes a law, it will be revolutionary for Plaintiffs. The bill will help even the playing field between ordinary people, who are injured in a car accident, and the powerful insurance companies. The average car accident case takes between 6 months and 1 year in pre-suit and then another 12–18 months once suit has been filed. This bill acts as a sword to allow Plaintiff's attorneys one more arrow to use against the dominant insurance companies. I am not surprised that all of the business associations are against it. Unfortunately, I believe it is because they feel the insurance companies will just increase premiums to help offset the added expense. However, what is often overlooked by these associations when trying to change the status quo, is the opportunity of insurance companies to simply take responsibility when their client is at fault, and not contribute to needless litigation."

Mr. Edmiston goes on to say, "This bill is only powerful when the insurance company does not want to take responsibility and makes the plaintiff prove the case through trial. Anything short of trial this bill would not affect the practice of law as it is today. Post-trial the recovery would increase at the statutory rate allowed per year, which as of July 2016 was 4.84 per annum. I believe this bill will make insurance companies do the right thing more often and help reduce unnecessary litigation an expense."

After being approved by the Florida Senate Judiciary Committee with a vote of 6 to 2 at the end of February, the bill cleared the Senate Rules Committee and is now poised for a floor vote by the entire Senate. The parallel bill in Florida's House of Representatives, HB 469 as sponsored by State Rep. Shawn Harrison (R-Tampa), is preparing for a vote by the Florida House Judiciary Committee after passing the House Civil Justice and Claims Subcommittee by a vote of 11 to 4. Before the proposed legislation can become law, both chambers of the Florida legislature must come into agreement on the bill's final language.

About Armando Edimston of Ask2Amigo Law Firm
Founding attorney Armando Edmiston is a Tampa FL based lawyer specializing in personal injury law. The personal injury attorneys at Ask2Amigo Law Firm have over 25 years of experience handling immigration, criminal defense, family, and personal injury law. Call to schedule a complimentary consultation.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm

18-Month Extension on Temporary Protection Status (TPS)

Tampa, FL -- (ReleaseWire) -- 07/26/2016 -- On July 8, 2016, the Secretary of Homeland Security issued an 18-month extension on the Temporary Protection Status (TPS) of all eligible nationals and those without nationality but who last resided in El Salvador before arriving to the U.S. TPS recipients will need to re-register before Sept. 6, 2016 and will be required to file several forms, regardless of whether or not they wish to extend or obtain their Employment Authorization Document (EAD). Fees are not applicable on the TPS form but are required for extensions of the EAD. Fee waivers are available with appropriate supporting documentation. 

For those applying for an extension of TPS or Deferral of Deportation read more information about it here: http://www.ask2amigo.com/en/immigration/

Time Period and Forms Required for the Extension of TPS Status

All eligible persons with El Salvadorian nationality, as well as those persons who had lived in El Salvador for an extended period of time immediately before their arrival to the United States, can apply for an 18-month TPS extension during the 60-day application period from July 8th to Sept. 6th, 2016. The status extension will remain effective until March 9, 2018.

U.S. Citizens and Immigration Services (USCIS) encourages all eligible persons to file for this extension as soon as possible as opposed to waiting until the end of the application period. 

Available Extensions of Employment Authorization

In addition to the extended TPS eligibility, Extensions of Employment Authorization (EAD) are available for the same 18-month time period. An additional form must be sent to the USCIS during the same 60-day application period for all persons eligible for the TPS extension, regardless of whether or not they want to obtain an EAD. All currently existing EAD's of people eligible for the TPS extension will automatically be extended for a 6-month period ending March 9, 2017. 

Required Forms and Fees

People currently eligible for TPS must complete the following forms to receive their 18-month extension:

- The Application for Temporary Protection Status, form I-821; no fees are required for those extending their current TPS status. 

- The Application for Employment Authorization, form I-765, even for those that do not wish to obtain an EAD. Fees are only required when seeking an extension on a current EAD, but a fee waiver request with appropriate supporting documentation is an acceptable alternative. 

- For all persons 14 years of age or older, the biometric services fee, or a fee waiver request with supporting documentation, must be filed. 

Work with a Professional Attorney 

The immigration process can be confusing and complex. Working with a qualified immigration attorney is the best way to ensure your application will be approved in a timely manner.  
          
About Ask2Amigo Law Firm
Founding attorney Armando Edmiston is a Tampa FL based lawyer specializing in immigration law. The immigration attorneys at Ask2Amigo Law Firm have over 25 years of experience handling immigration, criminal defense, family, and personal injury law. Call to schedule a complimentary consultation.

For more information on this press release visit: http://www.releasewire.com/press-releases/release-3.htm