If you have been injured and want to hold your doctor or the hospital responsible, before you sue medical malpractice laws must be understood. Unfortunately, in many states throughout the US, a process called tort reform has made it more difficult to collect the full level of damages you should be entitled to in medical malpractice cases as a plaintiff. Thus, while you likely still can sue to collect some of your damages arising from medical malpractice, you may have a very difficult time collecting everything you are entitled to.
Understanding Tort Reform
Tort reform refers to a wave of legislation sparked by lobbyists for physicians groups and other large organizational entities. Physicians and these other business groups and corporations want to put a limit on the right to recover for personal injury torts. In particular, limits are placed on non-compesnatory damages, such as those for pain and suffering, and on punitive damages, which are designed to punish the defendant. This means that when you sue, you will generally still be able to recover in full for:
- Medical bills arising from the malpractice
- Lost wages for work missed as a result of injuries suffered due to the medical malpractice
but you will be limited in many states on the amount of non-economic damages a jury can award.
The purpose of tort reform, according to lobbyists and legislatures, is to make health care less expensive for everyone involved. As a result of sympathetic juries awarding high verdicts (based on non-compensatory damages) to injured plaintiffs, medical malpractice insurance began to get more and more expensive for physicians. In response to these rising costs, doctors and hospitals had to raise their rates for care. These costs were, of course, passed on to the consumer. Some also argue that many doctors were forced out of business as a result of the high medical malpractice premiums.
By placing limitations on the damages that a plaintiff can be awarded in a medical malpractice case, doctor's do not have as much at stake in a lawsuit and so medical malpractice premiums can go lower again and legislatures argue that this savings will be passed on to the consumer.
Getting Help
If you have been the victim of medical malpractice, rest assured, you still do have the legal right to sue as of 2010. You simply may have your recovery limited in some states. In order to better understand what you can expect to recover, and to begin building your medical malpractice case, you should consult with a qualified and experienced medical malpractice attorney who can provide you with assistance and answer your questions.
