The House of Representatives passed HR 1215 which would cap medical malpractice lawsuits by limiting victim damages to just $250,000. However, Republican Representative Martha McSally of Arizona opposed the bill and for good reason. She used her head, heart, and common sense to realize that victims of medical malpractice should not be the ones to be harmed but doctor’s errors.
While she admitted to being a strong supporter of combating abuses in our legal system, she thinks that strengthening some procedural rules like defining expert witnesses more specifically and requiring the clear and convincing standard of proof are better ways than harming victims She wants to protect doctors from frivolous lawsuits and unreasonable claims.
But she doesn't want to shield doctors from proper claims where they failed to use good judgment and follow acceptable medical protocols. She wants doctors who are negligent to be liable and allow victims to get the maximum amount they deserve. Rep. McSally wants doctors to pay for their mistakes to ensure they pay for the full consequences of their negligence.
Rep. McSally also noted that Arizona voters have rejected medical malpractice caps and that she operates on the will of the people who elected her. She further notes that Arizona’s Constitution actually PROHIBITS state laws that would limit the amount of damages that can be recovered for causing the death or injury of any person.
Which highlights how ridiculous sounding that Arizona Governor Doug Ducey is that, despite his STATE Constitution prohibiting it and VOTERS not wanting it, that Gov. Ducey still wants a medical malpractice cap.
As Congresswoman McSally stated, medical malpractice caps only harm victims of negligence while allowing negligent doctors to get away from their mistakes.
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.