Medical Malpractice Caps May Be Removed by Two State Supreme Courts
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A recent article from American Medical News by Amy Lynn Sorrel states Supreme Court judges in two states are set to decide whether or not to do away with limits on non-economic damages in medical malpractice cases. Georgia's Supreme Court Justices will decide whether the state’s $350,000 cap violates Georgia's state constitution. Maryland's Court of Appeals, on the other hand, will decide whether state caps should apply only in cases resolved through arbitration.
What would this mean to you if you are a victim of a doctor's negligence? No matter what happens with these cases, those injured as a result of medical malpractice will maintain the ability to recover on any damages that result in actual costs, such as medical expenses. However, non-economic damages are what is at stake here.
To illustrate - you go in for an amputation of your left and a doctor removes the right leg....and then has to remove the left leg. Now, you have no legs and you can only recover $350,000 for the pain and suffering caused by the mistake. While that sounds like a lot of money, would the inability to ever walk again or, at a minimum, would being forced to have two prostetic limbs for the remainder of your life only be worth $350,000?
Of course, my example is extreme but that sort of thing, and even worse, do happen. As there are so many possibities, I don't see how you could fairly carve out exceptions to the caps. In my opinion, the amount a person is entitled to as a result of pain, suffering and emotional distress should be left up to a jury as is the case with any other type of case.
Why doctors believe they deserve a free pass, or a cheaper pass at least, defies logic. They state their premiums will go up. The solution would be not to make mistakes. If I make a mistake and hit someone with my car, my car insurance goes up....I don't see a difference. Mistakes happen. How expensive the mistake is should, in my opinion, be left to a group of the victims peers as the value of human life, pain, suffering and emotional distress is not easy to determine and certainly should not be capped, at least not by judges and definitely not politicans who, being realistic, are possibly in the pockets of the physician's lobbyists.
Thoughts and comments are always appreciated.