News & Publications

CLM Webinar Series – Lee Weatherly presented

Lee Weatherly and Karen Salmon presented How Can the Affordable Care Act Reduce Recoverable Damages? On October 19. Even with threats of repeal and overturning during the 2016 election, the Affordable Care Act (ACA) in its essence of guaranteed issue for those with pre-existing conditions is here to stay. The ACA has the potential to provide mediators, arbitrators and courts enough objective information to cap a Plaintiff’s future medical needs to the recovery of premiums and out-of-pocket expenses. Such an application may eventually create an overall reduction in indemnity payments for medical malpractice carriers, and their insureds. This presentation will provide initial recommendations for how to develop an affirmative defense for those complex medical malpractice cases in order to reduce recoverable damages.