They can still get millions and millions of dollars in economic damages, so they can stop whining. The cap on non-economic damages is a goodness and needs to be expanded to other states.
I wonder how a person in a coma is filing suit. Can they read his mind? The way the story reads he’s filing the suit, as opposed to somebody filing it on his behalf.
Would they still be good if you were injured due to a medical error rendering you unable to work ever again?
What if you were the primary income earner in your family and owned a sole proprietorship?
What if that error put your family’s lives in jeopardy? Meaning, without your income your kids couldn’t go to college? You had to move out of your house and live on disability for the rest of your life?
Oh, that’s right! You can sue the doctor who caused you all this loss of income & possibly lifestyle. Well, I mean you could for up to $250,000 if you could find a lawyer who would take the case. Not to mention another Doctor who would testify against the one who had the error.
Don’t get me wrong. I’m not for frivolous lawsuits, but I’m also not for placing a cap on lawsuits. Each case merits its own review for settlement.
So, you support caps on non economic damages, such as pain and suffering. Apparently, Texas doesn’t have caps on economic damages, such as future loss wages and future medicals.
They are capping pain and suffering. There is no cap here on your loss of econonic earning potential. Also, you are affected whenever this is not a cap every time you pay your health insurance premium. You can thank that to frivilous lawsuits and stupid jury decisions. I think everyone should take this opportunity to look up the definition of malpractice. It is not quite as broad a definition as the court systems has interpreted it to be.
If I couldn’t work my family would receive economic damages and be able to live. (Actually, my family would receive my life insurance and be able to live).
I’m all for caps on non-economic damages. I see no reason to make people wealthy just because they feel bad. Let them reoup their losses and get on with life.
In California we passed MICRA in 1976 to solve the then dramatic med-mal crisis wherein the Docs (statewide) had gotten together and refused to pprovide ANY treatment of ANYONE save for emergencies. There were 4 major provisions (1) 250,000 cap in non-economic damages (2) periodic payment of econominic damages as discretion of defendent (3) Certificate of Merit required to support filing fo said suit and (4) 90 ‘cooling off’ period between required Notice of Intent to Sue and filing same. This has worked reasonable well for the last 30 or so years to keep Cali well provided with Docs and open Hospitals. Cap has been legally challenged several times w/out success – may it always be so – I was litigating med-mal in Texas during the bad old days and it was no wonder the market contracted to only 9 choices of which the State Fund was the best, the others mostly being off-shore entites and early mutual protection trusts
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They can still get millions and millions of dollars in economic damages, so they can stop whining. The cap on non-economic damages is a goodness and needs to be expanded to other states.
I wonder how a person in a coma is filing suit. Can they read his mind? The way the story reads he’s filing the suit, as opposed to somebody filing it on his behalf.
Would they still be good if you were injured due to a medical error rendering you unable to work ever again?
What if you were the primary income earner in your family and owned a sole proprietorship?
What if that error put your family’s lives in jeopardy? Meaning, without your income your kids couldn’t go to college? You had to move out of your house and live on disability for the rest of your life?
Oh, that’s right! You can sue the doctor who caused you all this loss of income & possibly lifestyle. Well, I mean you could for up to $250,000 if you could find a lawyer who would take the case. Not to mention another Doctor who would testify against the one who had the error.
Don’t get me wrong. I’m not for frivolous lawsuits, but I’m also not for placing a cap on lawsuits. Each case merits its own review for settlement.
So, you support caps on non economic damages, such as pain and suffering. Apparently, Texas doesn’t have caps on economic damages, such as future loss wages and future medicals.
They are capping pain and suffering. There is no cap here on your loss of econonic earning potential. Also, you are affected whenever this is not a cap every time you pay your health insurance premium. You can thank that to frivilous lawsuits and stupid jury decisions. I think everyone should take this opportunity to look up the definition of malpractice. It is not quite as broad a definition as the court systems has interpreted it to be.
If I couldn’t work my family would receive economic damages and be able to live. (Actually, my family would receive my life insurance and be able to live).
I’m all for caps on non-economic damages. I see no reason to make people wealthy just because they feel bad. Let them reoup their losses and get on with life.
In California we passed MICRA in 1976 to solve the then dramatic med-mal crisis wherein the Docs (statewide) had gotten together and refused to pprovide ANY treatment of ANYONE save for emergencies. There were 4 major provisions (1) 250,000 cap in non-economic damages (2) periodic payment of econominic damages as discretion of defendent (3) Certificate of Merit required to support filing fo said suit and (4) 90 ‘cooling off’ period between required Notice of Intent to Sue and filing same. This has worked reasonable well for the last 30 or so years to keep Cali well provided with Docs and open Hospitals. Cap has been legally challenged several times w/out success – may it always be so – I was litigating med-mal in Texas during the bad old days and it was no wonder the market contracted to only 9 choices of which the State Fund was the best, the others mostly being off-shore entites and early mutual protection trusts
To answer effected: yes, yes, yes, yes and yes. Caps – it’s a good thing.