there are contols in place to prevent this type of error from occuring and they still occur regularly. when will they learn? I am sure some company rep will find a way to blame the patient or deny responsibility for the occurence or harm caused. I am sure the doctor and hospital will be business as usual and fail to stand up and take responsibility. Hopefully, Rhode Island hasn’t enacted caps on pain and suffering otherwise this poor guy won’t be able to find a lawyer. That is exactly why the insurance industry wants caps on pain and suffering so plaintiff’s can’t find lawyers and the insurance company or negligent doctor will never have face the music when this type of error occurs.
Sorry, to point this out to you, but you are only telling half the story. I ask you to cite more than 2 medical negigence case across the entire country that punitive damages were awarded. They are vitually non existance (except wher a physician molests a patient) while caps might apply to punitive damages, most jurisdictions caps limit the human harms and losses, to some pre determined amount usually 250K but do not limit recovery of lost wages or medical expenses. So the only ones who lose when caps apply are those who do not earn big bucks. Caps disporportionaly discriminate against women, the elderly and the very young.
This has nothing to do with the caps on pain and suffering. The frivilous lawsuits filed because someone got a hangnail that their doctor didn’t warn them about is the reason for the caps. Individuals like this one should be and will be taken care of.
Sounds like your plaintiff work has fallen off. Maybe you should go back to chasing ambulances.
I think you need a reality check, Jimmy. They almost always defend these cases regardless of how stupid or wrong the conduct was. Operate on the wrong side of the brain, its unbelieveable especially since it happened there several times before. As to the Caps– they dont distinguish between those with smaller injuries (like the loss of a few fingers) and those with devastating injuries. The paraplegeic, hemipelgic, quadraplegic, and brain damaged are still subject to the lousy 250K cap on human harms no matter how long they have to live in that condidtion.
Jimmy, I bet you wouldn’t trade places with that person for 250K would you?
You are correct, the caps do not distinguish between the smaller injuries (a few fingers, or spilled coffee) and the more serious injuries. But then again, neither do runaway juries and plaintiff lawyers. I think you are off base in thinking that the $250,000 will need to be used for his medical expenses. These caps are for punitive damages.
Jimmy, in this case how much do you think an 86 year old earns—? whatever is left of his precious time left on this earth has virtually been ruined. and you would basically limit him to 0 lost wages– very sick
Again you make my point. Since he is 86 years old and has no wages, he has not had a loss in that regard. His quality of life has been harmed (assumed, because we do not know what his quality of life would have been if the surgery had been correctly done). But tell me how giving him a multi-million dollar award would make ‘him’ feel better (remember, his medical will be taken care of).
it won’t make him feel better (its not the point)but fair compensation comensurate with the human losses and harms caused is the point. Sometimes a harm cant be fixed and all jurors can do is make up for it. Isn’t that what the whole system of justice based upon? isn’t the money awarded for medical expenses all going to other people to help take care of him due to the negligence of the physicians. he doesn’t get it–it is alotted to his future care needs what ever they are. Basically that money goes back to the healthcare providers one of which put him in this position– its not for him at all. An award for medical expenses is an award basically to others –not the victim
None of that money goes to make up for the biggest harm and loss-the human loss. Here, he lost his quality of life based upon a medical error, let alone the pain involved. He should be compensated for the loses and harms caused, no more , no less.. what is the value of a human’s life…or quality of life.
Look what we pay pharma companies each year to be relieved of pain (billions). Look what we will spend to save the lives of trapped miners in Utah (millions and rightly so) because we value human life. When a careless physician takes away a persons joys in life or a persons ability care for himself, to enjoy life’s pursuits etc. because of pain or paralysis or whatever that has a value too—-you folks seem so willing to throw that away unless it happens to you or your family– then it becomes of great value
Ahh Farful me boy. Again, you couldn’t have made my earlier point better. This is a punitive issue.
How can you be so cold as to say that making him feel better is not the point. Taking care of him is exactly the point and no medical expense should be spared in taking care of him.
What do you consider fair compensation? At 86, with a life expectancy of 81, and in poor health (needed brain surgery), what is the value of his life, no more, no less?
Having watched both of my parents die of lung cancer, I can very much appreciate pain and suffering. But all of the money in the world would not have made them feel better. On the other hand, it would have punished the tobacco companies.
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there are contols in place to prevent this type of error from occuring and they still occur regularly. when will they learn? I am sure some company rep will find a way to blame the patient or deny responsibility for the occurence or harm caused. I am sure the doctor and hospital will be business as usual and fail to stand up and take responsibility. Hopefully, Rhode Island hasn’t enacted caps on pain and suffering otherwise this poor guy won’t be able to find a lawyer. That is exactly why the insurance industry wants caps on pain and suffering so plaintiff’s can’t find lawyers and the insurance company or negligent doctor will never have face the music when this type of error occurs.
Sorry, to point this out to you, but you are only telling half the story. I ask you to cite more than 2 medical negigence case across the entire country that punitive damages were awarded. They are vitually non existance (except wher a physician molests a patient) while caps might apply to punitive damages, most jurisdictions caps limit the human harms and losses, to some pre determined amount usually 250K but do not limit recovery of lost wages or medical expenses. So the only ones who lose when caps apply are those who do not earn big bucks. Caps disporportionaly discriminate against women, the elderly and the very young.
This has nothing to do with the caps on pain and suffering. The frivilous lawsuits filed because someone got a hangnail that their doctor didn’t warn them about is the reason for the caps. Individuals like this one should be and will be taken care of.
Sounds like your plaintiff work has fallen off. Maybe you should go back to chasing ambulances.
I think you need a reality check, Jimmy. They almost always defend these cases regardless of how stupid or wrong the conduct was. Operate on the wrong side of the brain, its unbelieveable especially since it happened there several times before. As to the Caps– they dont distinguish between those with smaller injuries (like the loss of a few fingers) and those with devastating injuries. The paraplegeic, hemipelgic, quadraplegic, and brain damaged are still subject to the lousy 250K cap on human harms no matter how long they have to live in that condidtion.
Jimmy, I bet you wouldn’t trade places with that person for 250K would you?
You are correct, the caps do not distinguish between the smaller injuries (a few fingers, or spilled coffee) and the more serious injuries. But then again, neither do runaway juries and plaintiff lawyers. I think you are off base in thinking that the $250,000 will need to be used for his medical expenses. These caps are for punitive damages.
You make my point. The lost wages and medical expenses will not be limited.
Jimmy, in this case how much do you think an 86 year old earns—? whatever is left of his precious time left on this earth has virtually been ruined. and you would basically limit him to 0 lost wages– very sick
Again you make my point. Since he is 86 years old and has no wages, he has not had a loss in that regard. His quality of life has been harmed (assumed, because we do not know what his quality of life would have been if the surgery had been correctly done). But tell me how giving him a multi-million dollar award would make ‘him’ feel better (remember, his medical will be taken care of).
it won’t make him feel better (its not the point)but fair compensation comensurate with the human losses and harms caused is the point. Sometimes a harm cant be fixed and all jurors can do is make up for it. Isn’t that what the whole system of justice based upon? isn’t the money awarded for medical expenses all going to other people to help take care of him due to the negligence of the physicians. he doesn’t get it–it is alotted to his future care needs what ever they are. Basically that money goes back to the healthcare providers one of which put him in this position– its not for him at all. An award for medical expenses is an award basically to others –not the victim
None of that money goes to make up for the biggest harm and loss-the human loss. Here, he lost his quality of life based upon a medical error, let alone the pain involved. He should be compensated for the loses and harms caused, no more , no less.. what is the value of a human’s life…or quality of life.
Look what we pay pharma companies each year to be relieved of pain (billions). Look what we will spend to save the lives of trapped miners in Utah (millions and rightly so) because we value human life. When a careless physician takes away a persons joys in life or a persons ability care for himself, to enjoy life’s pursuits etc. because of pain or paralysis or whatever that has a value too—-you folks seem so willing to throw that away unless it happens to you or your family– then it becomes of great value
Ahh Farful me boy. Again, you couldn’t have made my earlier point better. This is a punitive issue.
How can you be so cold as to say that making him feel better is not the point. Taking care of him is exactly the point and no medical expense should be spared in taking care of him.
What do you consider fair compensation? At 86, with a life expectancy of 81, and in poor health (needed brain surgery), what is the value of his life, no more, no less?
Having watched both of my parents die of lung cancer, I can very much appreciate pain and suffering. But all of the money in the world would not have made them feel better. On the other hand, it would have punished the tobacco companies.