Caps on Non-Economic Damages Deprive those Harmed

Caps on Non-Economic Damages Deprive those Harmed

With the introduction of TrumpCare seeking to repeal and replace Obamacare, medical malpractice and tort reform have reentered the spot light. Lawmakers are seeking to place caps on damages and are highlighting frivolous lawsuits as driving up the cost of insurance. Their argument asserts that insurers charge more in order to recoup dollars lost in high payouts from lawsuits, and doctors order unnecessary tests because they fear the failure to do so may lead to lawsuits. However, such arguments are misguided.

First no evidence exists that when payouts on lawsuits are lowered, that this translates into savings for consumers and lowered rates. Further, statistics show that the practice of defensive medicine is quite low. For the most part, doctors do their job admirably and provide the medical care patients need. When they fail to do their job - and provide substandard care - doctors and hospitals should be held accountable. When someone suffers a catastrophic accident as the result of a car crash, non-economic damages are not capped. It is illogical that when a medical error occurs, that the patient is not entitled to similar compensation.

Medical errors are the third leading cause of death, and the ability to fight back through the court system is essential to helping improve safety. Additionally, due to the challenges in filling and bringing medical malpractice lawsuits (which require significant manpower and financial investment from law firms), when a medical malpractice lawyer does file a suit, he or she does so only where there is a catastrophic injury involved and a review of the medical records indicates that the doctor was negligent.

In these circumstances, a knowledgeable and aggressive California medical malpractice attorney can help their clients achieve justice and fair compensation. Hopefully the suggested changes will not be implemented which would curtail patients' rights. For more information or for a review of your matter, please contact the dedicated California birth injury law firm of Bostwick & Peterson for an initial consultation.


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