There is a lot of discussion presently to reform medical malpractice litigation. This is true on both the federal level and the state level. While New York has yet to do so, other states have already capped medical malpractice cases to certain damages. This means there is a maximum amount a victim can recover.
Presently, federal legislators are discussing capping the medical malpractice amount of a verdict to $250,000. That means a victim of medical malpractice an only recover a quarter of a million dollars. A healthcare provider could kill a patient, and the amount would be $250,000. Whereas a landlord could be liable for a victim who falls and breaks his or her leg for $250,000.
How is that fair?
And who is it not fair to?
The medical malpractice victim! Of course!
According to research and news sources, most medical malpractice cases which get a verdict do have medical errors, whereas cases that are dismissed do not have medical errors. Meaning, when a verdict is issued there is a medical error; verdicts are not handed out for cases with no medical errors.
So why do medical victims need to suffer? Especially since they are most likely the ones to have been injured? The victims are not the hospitals and healthcare providers, but the actual injured people.
Thus, shouldn’t medical malpractice reform focus on MEDICAL reform? Shouldn’t healthcare reform to avoid and mitigate mistakes? This includes common mistakes such as communication errors which can be easily avoided. And medication errors, which should be easily monitored. Wrong patient and wrong site surgeries should also never occur.
If hospitals and healthcare providers could make these changes to prevent medical malpractice cases, it would reduce the number of cases and the amount of litigation expenses due to medical malpractice. But it would NOT reduce the amount of damages a victim can receive who has been really harmed, which is only fair.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.