A sudy claims that capping pain and suffering awards for malpractice lawsuits to $250,000 will be a big mistake for several reasons. $250,000 might seem like a lot of money to some, but to somebody who is suffering from an irreversible, life-changing condition due to a medical mistake, it doesn’t even make a dent in the costs.
“Our lawyers will be hesitant to take on any of these types of cases because we know we will just disappoint our clients,” he said. He recommends a piece written by Eric Turkewitz to sift through the details of these caps pointing out a quote that said “the ideas of Big Government intervention, protectionism and increased costs to taxpayers would be interesting for conservatives to mull over, as it runs contrary to conservative ideology.”
Although the lawyer says he doesn’t completely conquer with the basic idea that malpractice litigation serves as a useful device for improving patient care, he believes it’s almost too unorganized to achieve that, and said that doctors can’t change their practices to fit a system of basically random punishment.
He pointed out that in Tukewitz’s report he sighted Columbia-Presbyterian Hospital in New York as an example and how it cut malpractice payments by 90% by simply putting in place stricter safety controls and organized checklists in its obstetric department.
Tukewitz introduces his report with, “Deeply hidden from public view inside a report from the New York State Department of Health is a proposal to place an artificial $250,000 cap on medical malpractice pain and suffering claims. That report was given to Gov. Andrew Cuomo last week. The proposal is tucked inside something called the Medicaid Redesign Team, and was authored by insurance companies and medical institutions. There were no patient representatives on the committee. You should soundly reject this anti-consumer bill on both public policy and monetary grounds.”
The doctor in Manhattan said he agrees with Tukewitz and concluded that New York places strict enough caps on personal injury cases now and has been for nearly 200 years.
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