While some people think that medical malpractice reform, meaning capping damage awards, is a good idea, the victims don’t, and with good reason. Many medical malpractice lawyers are also joining the hue and cry against med mal reform because of what it will do to innocent victims whose damages exceed the proposed caps – in most cases, $250,000, explained a New York Medical Malpractice Lawyer.
What’s going on in Texas could go on in Manhattan and Long Island and may well spill over to other states and this is something that needs to be watched carefully, as the legal impact may be enormous. In Texas, there are concerns tort reform just may override their own state limits on medical liability issues. Seems they don’t think the feds have the power to do that under the Commerce Clause. They also want to ensure the med mal reform law does not violate states’ rights under the 10th amendment. Missing here seems to be the concern for victims, which does come up later, but a little too little too late.
What’s going on in Texas is that they want to keep their own med mal reform law, which caps pain and suffering at $250,000 and they like the idea of tort reform. In fact, they want tort reform for all states – something other Americans are not so sure is a good idea.