An Assemblyperson who sees the light on Proposal #131! Nice e-mail today about the ridiculous cap to limit malpractice victims' rights.

John Fisher
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Stopping Medical Injustice

March 16, 2011

Dear Mr. Fisher,

Thank you for expressing your opposition to the Medicaid Redesign Team's

(MRT) Proposal 131 which recommends a cap on non-economic damages to victims of medical malpractice.

The MRT recommendations are far-reaching and have generated a great deal of controversy. However, few have been as controversial as this particular recommendation. As you are probably aware, a complaint has been filed with the Commission on Public Integrity stating that several members of the Medicaid Redesign Team have conflicts of interest.

You made a valid point about the MRT over-reaching in its attempt to re-shape the justice system as part of resolving budget issues. The purpose of a lawsuit is to make a victim whole. In essence, the MRT proposal arbitrarily defines "whole" as victims of malpractice.

As the budget process proceeds, I will keep your thoughts and concerns in mind.

Sincerely,

Steven F. McLaughlin

Member of Assembly

108th District

 

 

jfisher@fishermalpracticelaw.com wrote:

> John Fisher

> 991 Deans Mill Road

> Ravena, NY 12143-3307

> March 1, 2011

> The Honorable Steve McLaughlin

> New York Assembly

> Legislative Office Building, Room 529

> Albany, NY 12248

> Dear Assemblymember McLaughlin:

> I strongly OPPOSE the proposals currently included in the Executive

> Budget that would cap awards on non-economic damages to victims of

> medical malpractice and create a Neurologically Impaired Infant Fund.

> The purpose of the civil justice system is to compensate victims

> harmed by the negligence of others.  A cap would adversely affect

> individuals with legitimate claims who have suffered the most serious physical injuries.

> Further, considering only economic loss would discriminate against

> persons with little or no earnings such as children, the elderly and homemakers.

> A Neurologically Impaired Infant Fund would force the most helpless

> victims into a Medicaid style system with their options for treatment

> rationed by bureaucrats in a system under which they have no control.

> When a family suffers devastating loss due to medical negligence, at

> the very least they should be permitted to make their own treatment decisions.

>  They should not be victimized twice.

> Additionally, there is the matter of accountability.  Negligent

> doctors should be held responsible for the injuries they cause.  If a

> doctor is operating under the influence of drugs or alcohol should

> they be entitled to greater protection under the law than a drunk

> driver?  Tax payers shouldn't be forced to foot the bill for a negligent doctor's harm.

> Proposals to modify New York's civil justice system should not be

> driven by the special interests of hospitals and other healthcare

> entities. The Medicaid Redesign Team failed to include consumer groups

> or patient advocates.  The MRT's rushed process was unfair to medical

> malpractice victims, consumers and taxpayers, none of whom had a seat at the table.

> I respectfully request that you OPPOSE BUDGET LEGISLATION that would

> implement the MRT's Proposal Number 131 in relation to capping

> non-economic damages in medical malpractice actions and create a

> Neurologically Impaired Infant Fund.

> Sincerely,

> John H. Fisher

> 518-265-9131

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