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MEDICAL MALPRACTICE CAPS

The Messina Law Firm June 13, 2018

Medical Malpractice Caps Are a Bad Idea


In response to political pressure from doctors and medical groups, Congress has recently debated passing a national cap on the size of medical malpractice caps or damages awards.

The idea is to limit the amount of an award for pain and suffering in medical malpractice cases to a maximum of $250,000, no matter how seriously the victim has been injured. Although doctors complain that malpractice insurance has become expensive because of malpractice damages awards, Congress’s solution causes more problems than it solves.

Joey Messina Questions the Efficacy of Caps

In the first place, there is some question as to whether or not “caps on damages” would be constitutional. Secondly, a one-size-fits-all damages cap does not recognize that some kinds of malpractice are more serious and cause far more suffering than others. (Would you exchange a lifetime of suffering for $250,000? Few people would.) Finally, evidence shows that malpractice caps do not reduce the size of doctors’ malpractice insurance premiums. California placed caps on damages in 1975. Since then, for nearly four decades, malpractice insurance premiums have risen steadily year after year.

Would You Like to See if Your doctor has been disciplined by state authorities?

A bad law such as this one often passes because the people affected by it do not know the law will impact them until it is too late. Don’t wait until you are a victim of medical malpractice and find that your legal rights are limited. Make your voice heard today by contacting your Congressman and Senators–tell them to “Eliminate” malpractice caps.

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