The caps placed on medical malpractice cases were artificially low and without an inflation clause to increase the amount of the cap, they arbitrarily put a value on the loss of a child or elderly person who is killed by malpractice. It is cheaper for a Doctor, hospital or nursing home to kill the person, rather than keeping them alive if a mistake is made, so that they won’t have to pay compensatory damages for economic loss on top of the $350,000 cap on noneconomic damages. Now that caps are in place, health care providers can keep on making mistakes and not be held accountable to the extent that will deter their behavior. The malpractice insurance carrier will pay and they will not lose out on anything. If the Senator mentioned in the article has an elderly Mother or child who is later killed by the mistake of a nursing home or Doctor, I wonder if he will feel that the cap of $350,000 is enough money to compensate for the loss of the loved one. His reasoning that the caps would lower health care costs is premised on faulty reasoning or is just an excuse to hide behind for enacting a draconian law that treads on the rights of the economically disadvantaged and favors big business. The Department of Insurance and recent studies show that there is little to no bearing on the damages awarded in malpractice cases on the premiums charged for insurance. In fact the cost of premiums to Doctors for medical malpractice insurance went up after the caps were enacted. Only the insurance companies were happy. Hopefully our unbiased and rationale Supreme Court will strike down this unjust and unconstitutional law!
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The caps placed on medical malpractice cases were artificially low and without an inflation clause to increase the amount of the cap, they arbitrarily put a value on the loss of a child or elderly person who is killed by malpractice. It is cheaper for a Doctor, hospital or nursing home to kill the person, rather than keeping them alive if a mistake is made, so that they won’t have to pay compensatory damages for economic loss on top of the $350,000 cap on noneconomic damages. Now that caps are in place, health care providers can keep on making mistakes and not be held accountable to the extent that will deter their behavior. The malpractice insurance carrier will pay and they will not lose out on anything. If the Senator mentioned in the article has an elderly Mother or child who is later killed by the mistake of a nursing home or Doctor, I wonder if he will feel that the cap of $350,000 is enough money to compensate for the loss of the loved one. His reasoning that the caps would lower health care costs is premised on faulty reasoning or is just an excuse to hide behind for enacting a draconian law that treads on the rights of the economically disadvantaged and favors big business. The Department of Insurance and recent studies show that there is little to no bearing on the damages awarded in malpractice cases on the premiums charged for insurance. In fact the cost of premiums to Doctors for medical malpractice insurance went up after the caps were enacted. Only the insurance companies were happy. Hopefully our unbiased and rationale Supreme Court will strike down this unjust and unconstitutional law!