Why Are Malpractice Caps a Bad Thing?

Posted on December 22, 2014 by Shapiro Law Group

Medical malpractice caps are ceilings placed on medical malpractice payouts regardless of the extent of the victim’s injuries, the merit of the case, or the severity of the hospital’s misconduct. This means that no matter what a hospital does to you or your loved ones, certain states will only allow you to collect a certain amount in non-economic damages (such as pain and suffering).

Several Prescription Pill Bottles in a Pile

Proponents of caps claim that they reduce malpractice insurance premiums, a dubious claim at best, while opponents believe that the perceived savings from caps do not come into play often enough for them to be worthwhile. Studies have also shown that this type of tort reform has had no effect on health care costs or doctors leaving the industry.

Additionally, caps only punish the most severely injured victims of medical malpractice. In most cases of malpractice, the payout is not going to exceed the general range of the caps ($250,000-$650,000 in most states). But what about people whose doctors have left them permanently disabled or disfigured, perhaps due to a wrong-site surgery or infection leading to multiple amputations? Or perhaps people who were killed? Their families deserve just compensation, not a blanket ceiling that ignores all circumstances leading into the case.

I Have Permanent Pain and Suffering Due to a Physician’s Negligence. What Can Shapiro Law Group Do For Me?

The Shapiro Law Group was founded specifically to offer representation to victims of personal injury due to accidents or medical malpractice. If you believe you are a victim, you could be entitled to compensation. Our firm offers free case reviews, so give us a call at (800) 258-HELP or fill out our online form to schedule your free consultation today.

Shapiro Law Group – Medical Malpractice Attorneys Serving the Tampa Bay Area

Source: http://newyork.legalexaminer.com/medical-devices-implants/medical-malpractice-caps-and-your-settlement/

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