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The True Consequences When States Impose Limitations (Caps) on Medical Malpractice Cases
Posted by: Larry Lapidus
November 17, 2008
Topic: The True Consequences When States Impose Limitations (Caps) on Medical Malpractice Cases
According to Steve Forbes and other tort reformers, the medical malpractice crisis is the fault of greedy plaintiffs and rapacious lawyers. The solution: caps on noneconomic damages. Since California adopted a $250,000 cap in 1975, 23 states have followed suit. What are the real-world consequences of such caps? The elderly, the poor, the unemployed and their surviving families are getting hurt in disproportionate numbers. Many deserving victims of medical malpractice can't even find a lawyer to represent them. Any suit that might require extensive discovery, the testimony of high-priced experts or protracted court proceedings can't get off the ground. A brief explanation about damages: Negligently injured plaintiffs suffer two types--economic, for lost earnings and medical bills, and noneconomic, for pain and suffering. Caps on pain-and-suffering damages don't have much impact on plaintiffs whose damages are primarily economic. But for low-earning or elderly plaintiffs and their families, noneconomic damages are their only hope in court because these damages are always the greatest harm in the case.
Fortuantely, for D.C. residents , there are no limits imposed by the local government on damages. In Maryland , there are limitations on recovery in ALL cases in which pain & suffering is involved, including automoble accident and medmal cases. But because the Maryland cap is higher than most other states, it has not been an impediment in bringing cases.
