TALLAHASSEE, Fla. – A bill before Congress would make it much harder to sue for medical malpractice, a measure nearly two-thirds of Floridians polled reject.

HR 1215 would pre-empt state malpractice laws and put a $250,000 cap on damages for life shattering injuries such as the loss of fertility, dismemberment, or even being burned over half of one's body.

Miami attorney Julie Braman Kane is president of the American Association for Justice, which commissioned the poll. She says this bill would protect the bad apples of the health care industry.

"Medical professionals who sexually assault patients, including nursing homes that neglect or abuse their residents, or pharmaceutical manufacturers who knowingly market deadly drugs or devices," she stresses.

Supporters of the measure say it would discourage frivolous lawsuits and bring down the costs of medical malpractice insurance. The bill would also limit the patient's attorney fees, which consumer advocates say would make it harder to find representation.

Given Florida's demographics and the fact that the state has a high population of nursing home residents, Braman Kane says the bill threatens to undo many of the protections the state Legislature has put in place.

"We have laws that address the way that problems in nursing homes are handled,” she explains. “And what this would do is completely take away Florida's right to have those laws that it worked hard on and put in place."

The poll, which was conducted in Florida and six other traditionally red states, found widespread opposition to the measure across party lines, age groups and all demographics.

The bill was slated for a vote last week, but was pulled on the same day as the GOP health care proposal. It's expected to be rescheduled in the coming weeks.






get more stories like this via email

Last year, Americans reported losing a record-breaking $5.8 billion to scams, and now, the State of California and AARP are teaming up to try to bring the number down.

A four-part web series on consumer fraud protection debuts today at noon and runs every Wednesday through the end of the month.

Sally Westlake, targeted outreach specialist for the California Department of Financial Protection and Innovation, pointed out so-called romance scams affect thousands of people.

"The most recent report by the FBI said last year, over 3,000 Californians fell victim to online romance scams, losing a total of nearly $184 million," Westlake reported. "The most vulnerable to fall victim to romance scams are people over the age of 60."

The first Scam Chat webinar will cover the most prevalent types of fraud in California right now. The other three in the series will cover home improvement and solar schemes, investment fraud, and financial empowerment.

Jackie Wiley, also a targeted outreach specialist for the California Department of Financial Protection and Innovation, said people should be suspicious when a person calls or emails, claiming to work with a financial institution, or a law enforcement or government agency.

"It could be a utility company, telling you that your bill is delinquent. It could be 'the IRS.' It could be someone saying you missed jury duty," Wiley outlined.

Wiley added it is always a big red flag if a caller or email asks for payment via cryptocurrency or gift card. You can report scams to the Federal Trade Commission or to the Department of Financial Protection and Innovation call center.

Support for this reporting was provided by Lumina Foundation.

Maryland is joining a nationwide effort to crack down on illegal robocalls.

Along with attorneys general from every other state, Maryland's Brian Frosh is joining the Anti-Robocall Litigation Task Force. It will investigate and take legal action against the telecommunication companies turning a blind eye and profiting from illegal robocalls coming into the U.S.

Jen Holtz, associate state director for outreach for AARP Maryland, said it is a great step forward in its partnership with the Attorney General's office to prevent the financial exploitation of older adults.

"In working with Attorney General Frosh in some of these activities that we've sponsored with him, the issue of robocalls comes up multiple times, every single time," Holtz pointed out. "We know it's top of mind for the public."

Common scam calls are against older adults related to Social Security and Amazon scams against consumers. Americans lost nearly $30 billion through fraudulent calls in 2021, according to the National Consumer Law Center. And last month alone, roughly 71 million robocalls were placed in Maryland, which averages more than eight calls per person.

Holtz encouraged consumers to take precautions to avoid becoming the victim of a scam call by hanging up on illegal robocalls, verifying the caller if they claim to be from an agency or organization, and exploring free and low-cost call-blocking options. And she emphasized it is important to stay vigilant.

"They're criminals, they're not following the rules, they're not abiding by the law," Holtz stressed. "They don't care whether you're on that list. So if you're on those Do Not Call Lists, and you're getting that call anyway, it's probably not a legitimate call."

She added education is the best form of prevention, and AARP's fraudwatchnetwork.org provides up-to-date information on the latest tactics used by scammers and offers tips to avoid becoming the victim of fraud.

As New Hampshire faces another week of hot, humid temperatures, its residents also are bracing for a dramatic spike in energy bills.

As a result of the cost tripling for natural gas used to generate electricity, many customers will see their power bills double starting this month. Patrick McDermott, volunteer vice president of AARP New Hampshire's executive council, said it's going to make it harder on everyone's pocketbooks, especially those with fixed incomes or who are age 50 or older.

"Unfortunately, it piles on everything else that's going on, with inflation and costs that are going up for food," he said. "It's going to be very difficult for many people who are already having problems keeping up with their costs and buying the things that they need."

McDermott encouraged people to take advantage of the many rate and program options that can help them save, including budget billing and deferred payment plans through local utility companies. Applying for Critical Care or Chronic Condition Status can help customers with certain medical conditions keep their power on if they can't afford to pay. New Hampshire Energy Relief Programs also provide relief to qualifying ratepayers.

McDermott added that increasing energy efficiency and reducing energy consumption also can help households better manage rising costs.

"The cheapest kilowatt-hour is the one that isn't used," he said. "So turn lights off, turn off unnecessary appliances, take shorter showers, wash laundry in cold water - things that are pretty much common sense, but it's good to remind people."

Weatherization measures such as caulking doors and windows, installing weatherstripping, and getting checkups for cooling and heating systems can help control a home's inside temperature. The New Hampshire Weatherization Assistance Program can help low-income residents with some of those improvements.