In medical malpractice law, money is the means by which the civil tort system delivers justice to patients affected by negligent medical treatment. While money will never return a disabled patient back to health, undue the damage done to an infant in a birth negligence case, or bring a loved one back after a wrongful death, it is the only way patients and their families can be compensated for the wrong done to them.
Money is also critical to establishing negligence and building a case for an injured patient. It costs tens of thousands of dollars to hire expert medical witnesses, examine complex medical records, research past cases for legal precedents, and litigate often lengthy trials in court.
Why Put Caps on Damage Awards?
Many states have implemented caps on “non-economic” damages, such as pain and suffering, the lowest of which is around $250,000 in states like California and Texas. States justify this cap by claiming medical malpractice lawsuits are driving up the cost of medical treatment for everyone. While this may or may not be true, what is undeniable is that these caps often limit an injured patients options for receiving the compensation to which they are entitled by tort law.
How Money Affects a Patients Rights
Given the extraordinary costs involved in bringing a medical malpractice case, having a limited amount of money for which to demand for non-economic costs means attorneys often have to turn down otherwise good cases, simply because they cannot afford to take them on. Since medical malpractice lawyers work on a contingency fee basis, they have to front the costs of the case, and only receive their compensation if they win the case on behalf of their client.
If the economic damages are small, their may not be enough money awarded to cover their costs, as well as compensate their clients. This unfortunate situation is best demonstrated in a birth injury case.
Imagine a couple whose child, due to medical negligence during childbirth, dies during delivery. In this case, the legal remedy is to compensate the parents for the loss, which include medical expenses, lost income and pain and suffering, among other damages. In this case the infant had zero earning capacity, so the lost income is $o. Additionally, the medical expenses are probably very little as well. The only thing left is the compensation available to the parents for their suffering and emotional loss. If these “non-economic” damages are capped, there may not be enough of an award to justify the costs of bringing a medical malpractice case.
Always Talk to a Medical Malpractice Lawyer
Anyone injured by the negligence of a doctor or other medical professional should always discuss their case with an experienced medical malpractice lawyer. Even if their is a cap in your state, you may still have many legal options to pursue compensation for the loss and injury. The medical malpractice lawyers on this site will offer a free initial consultation where you can explain your case, and get qualified advice regarding your legal rights.
