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IFL Issues Statement on Attempts to Federalize Medical Malpractice

Published Monday, May 8, 2017

Today, the Institute for Liberty issued a statement voicing its opposition to attempts to federalize medical malpractice law:


May 8, 2017 (Williamsburg, VA)

The Institute for Liberty, as a leader in the effort to push back against the expansion of the state, is deeply concerned about medical malpractice legislation passed by the Judiciary Committee of the U.S. House of Representatives that threatens to chip further away at one of the most fundamental pillars of American freedom and greatness: the principle of federalism.  The Protecting Access to Care Act of 2017 – which among other provisions, establishes federal caps on damages in malpractice suits – furthers the troubling trend toward federalization of state tort law and the resulting concentration of federal power 

The federal system represents an important check and balance on that power: the ability of the people and the states to protect their interests by keeping the settlement of critical issues close to maximize accountability.  And in fact, over more than four decades, nearly all states have spoken directly to the issues involved: more than 30 jurisdictions already have some form of cap, while 18 others bar such restrictions on awards either by constitutional provision or via state court decisions holding them unconstitutional.  Moreover, federalization of state law undermines the tradition of regional competition and experimentation that lie at the heart of American greatness. 

Accordingly, the Institute for Liberty urges members of the full House of Representatives to stand up for the freedom of state governments and citizens by rejecting federal malpractice legislation recently passed by the House Judiciary Committee .


The Institute For Liberty 1250 Connecticut Ave, NW, Suite 200 Washington, DC 20036 P: (202) 261-6592 F: (877) 350-6147