Medical Malpractice Damage Caps

    ORLANDO, FL, August 18, 2012 /24-7PressRelease/ -- It has been said that if there are not caps on the amount of money medical malpractice victims and their families can collect, then everybody will suffer - namely the healthcare professional and the hospital who were negligent. As a result, many states have passed medical malpractice damage caps. The goal of the caps is to lower premiums and medical malpractice insurance for the doctor under the guise that the patients will not have to pay an increased amount to their doctor. This is all tied up in something politicians have been arguing about called tort reform.

Tort Reform

Tort reform proposes changes in civil law that reduces litigation costs and damages. Since the payout and cost of litigation allegedly increase the amount of insurance, all tax payers have a reason to see this become the law of the land. On the other hand, large healthcare corporations are usually the ones pushing this. They do not want to pay to compensate those who may have suffered a serious injury due to the negligence of one of their hospitals.

Economic vs. Non-Economic Damages

When someone becomes the victim of medical malpractice, they can sue for economic and non-economic damages. If a parent dies, the economic damage to any under age children may be huge. The court may then award children a large sum so that they can afford needed necessities. However, they may also be awarded for emotional pain and suffering and punitive damages, the non-economic reward.

Although a jury may award these children several million dollars, states with medical malpractice damage caps will reduce the amount to fit within the law. Non-economic damages are also different between a practitioner (MD, chiropractor, DO, podiatrist, optometrist, nurse practitioners, physical therapists, and more) and non-practitioners.

Issue of Fairness

These non-economic caps are unfair to the victim and their family. A medical malpractice suit means there was negligence involved. If the case is won, the jury has seen the healthcare professional and perhaps the hospital as guilty of this negligence. Some states, like Florida, are re-examining their caps on non-economic damages, even though the push is to pass a national medical malpractice cap by lobbyists and their allies in the government. In addition to this, there is no reliable evidence showing non-economic caps have decreased medical malpractice insurance premiums.

The issue of medical malpractice damage caps is deep and complex, suffice it to say victims of medical malpractice often get short shrift as a result. Tort reform makes it more difficult to file a medical malpractice lawsuit, makes it more difficult for the injured party to get a jury trial, and lowers the amount of compensation they are entitled to.

If you or a loved one has been the victim of medical malpractice in the Orlando, Florida area, please visit the website of Colling Gilbert Wright & Carter today at http://www.thefloridafirm.com.

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