The New York State Medicaid Reform Team's proposal to set a $250,000 cap on pain and suffering awards in medical malpractice cases spurred impassioned debate and headlines before it was dropped from the budget this week. Even if the cap won't be imposed as part of this year's budget, the issue of whether to pass a cap won't go away.
TO THE EDITOR: The health care crisis will not be solved until there is a cap on pain and suffering in liability cases.
In most personal injury trials where a defendant acknowledges liability, the only question is how much the jury will award in damages. In a majority of these cases, the jury looks at medical expenses, pain and suffering and other evidence before handing out a substantial plaintiff's verdict. Two cases featured this week fall into this category. The only difference is the juries decided that both plaintiffs exaggerated their medical conditions to such an extent that it negatively impacted their awards.
Reforms of the American justice system that such critics as the Manhattan Institute would like to see include no punitive damages, limits on pain and suffering awards, no contingency fees, a "loser pays" rule, no juries in most civil cases, and a trial bar without political influence.
[Matt Gonzalez] portrayed [Barack Obama] as a friend of big business as evidenced by his votes to limit pain-and-suffering damages in medical malpractice cases, to make it harder for employees to bring wage-and-hour lawsuits and to give mining companies mineral rights on public lands for a pittance. "It's phony for Obama to say he's gonna change the culture of Washington. 'Yes we can,' is not a good thing," Gonzalez said, poking fun of Obama's campaign slogan. "This is a very dangerous thing. Fairfax Councilman Larry Bragman introduced [Ralph Nader] and described him as a longtime personal hero. "Because of Ralph Nader," he said, "we drive safer cars, we breathe better air. Ralph Nader is a candidate who's not only talked about change, he's delivered it." They have iPods," he said. "T...
Madison The Legislature on Wednesday sent Gov. Jim Doyle a bill that would put a $750,000 limit on pain-and-suffering awards in medical malpractice cases, as legislators tried for a second time to find a number both the governor and state Supreme Court would accept. The Senate passed the bill 25-8, which was more than the two- thirds majority needed to override a Doyle veto.
West Virginia can limit certain judgments in medical malpractice cases, the state Supreme Court affirmed this week. A 4-1 decision Wednesday upheld the cap on non-economic damages, meant to compensate for such things as pain and suffering. The cap is about $288,527 for most cases, and $577,054 in the more serious cases, including those involving wrongful death. Each amount increases with inflation. The court ruled in a lawsuit filed against City Hospital in Berkeley County and Dr. Sayeed Ahmed. James McDonald and his wife alleged drugs he received during a 2004 hospital stay caused severe muscle damage.
One of the many contentious issues in the national health care debate is something that began 34 years ago in California when Jerry Brown, in the first year of his first governorship, signed legislation imposing a $250,000 limit on pain and suffering damages in medical malpractice cases. The version of a national health care bill that Speaker Nancy Pelosi pushed through the House contains a provision that would push -- but not quite compel - California and other states with malpractice damage caps to repeal them.
One of the many contentious issues in the national health care debate is something that began 34 years ago in California when Jerry Brown, in the first year of his first governorship, signed legislation imposing a $250,000 limit on pain and suffering damages in medical malpractice cases. The version of a national health care bill that Speaker Nancy Pelosi pushed through the House contains a provision that would push - but not quite compel - California and other states with malpractice damage caps to repeal them.
ONE of the many contentious issues in the national health care debate is something that began 34 years ago in California when Jerry Brown, in the first year of his first governorship, signed legislation imposing a $250,000 limit on pain and suffering damages in medical malpractice cases. The version of a national health care bill that Speaker Nancy Pelosi pushed through the House contains a provision that would push - but not quite compel - California and other states with malpractice damage caps to repeal them.
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