Tuesday May 5, 2009
Recently the State Assembly of Nevada passed a bill that will lift the $350,000 damages cap on medical malpractice suits when the jury finds that the defendant is guilty of gross negligence. The cap was put in place, so that intangible damages, such as emotional distress, pain, loss of enjoyment of life, disfigurement, loss of sexual organs, loss of a loved one, or a physical impairment will not result in exorbitant awards.
Those who are in favor of such limits say that the limits keep doctors and surgeons from leaving the state of Nevada and help to control insurance premiums. However, many say that providing a condition, in which juries can find surgeons and doctors guilty of gross negligence, ensures that doctors will maintain high standards of care. IT also encourages those in the medical profession to report incidences of neglect.
The bill is currently being considered in the Senate. This will be the first time since 2001 that the reform of medical malpractice limits has been reconsidered. If it passes the vote in the Senate, it will not work retroactively. For example, those who were affected by the hepatitis outbreak in Las Vegas last year will not be able to sue for further damages.
