Since the health care within the United States is largely based on a “pay for service” model, if proper service is not obtained, the consumer has a right to file a medical malpractice lawsuit. This medical malpractice can result in pain, injury, and suffering to the patient. In some cases, the injury can be life threatening or permanent in the person’s health. Based on the medical care they received, the patient is then able to get his or her attorney to file a lawsuit that shows that the standard of medical care expected was not received. If successful, the patient is awarded damages based on what was claimed due to injuries sustained.
Medical Malpractice Caps
However, in some states, medical malpractice caps have been established. These caps are in place to prevent patients or their surviving families from suing above a certain limit. As a result the person is only guaranteed a maximum amount of money if they do when the medical malpractice lawsuit. These medical malpractice caps were put in place by various states to curb the high payouts that people received after winning a medical malpractice case.
How Medical Malpractice Caps Limit Options
The problem with medical malpractice caps is that it limits the amount of money a person can file a lawsuit for, and receive as compensation. This can automatically discourage someone from applying, especially if they have extensive injuries or injuries that will need a lot of treatment. The patient may not think it is worth filing a lawsuit if it is going to be a long legal battle or a court process that will cost them to use their savings. This can be true if the monetary damage cap to be received is only a fraction of the cost of the patient’s medical bills. For example in Oregon, the medical malpractice cap can only be increased if the patient dies and a wrongful death lawsuit is filed.
Another problem with medical malpractice caps is how they also affect the quality of care received. In this instance, a doctor does not always have to give the best standard of care if they know the state they live in has a medical malpractice cap in place. It has been shown that more tests are ordered in states in which no medical malpractice cap exists. This again limits the options that patients have in receiving the proper care for their medical condition.
Getting Legal Help
Even though medical malpractice caps are in place, it is important to consult an attorney about your filing a lawsuit in the case of medical negligence.
