Monetary limits, called damage caps, have been placed on medical malpractice claims preventing injured victims from receiving the compensation they need and deserve.
Medical malpractice laws have been in place for hundreds of years to protect injured victims from negligent healthcare professionals. Those injured as the result of medical malpractice suffer life-long consequences, so why shouldn’t negligent doctors be held responsible for their actions? In recent years, more and more victims of medical mistakes are not receiving fair compensation or any compensation at all.
There has been a noticeable decline in medical malpractice claims in the last few decades. Since the mid 1990’s, medical malpractice claims have dropped by 57%. The obvious conclusion is that claims have decreased because healthcare has improved, but the hard truth is that claims have decreased because lawmakers are doing everything they can to make these claims useless to those who need them the most.
31 states, including Ohio, limit the amount of money juries can award victims of medical negligence. These limits specifically apply to non-economic damages.
Non-economic damages compensate victims for the intangible losses one experiences, such as:
- Pain and suffering
- Changes in lifestyle
- Physical impairment
- Loss of consortium
- Quality of life
- Inability to enjoy things as they once had
Non-economic damages provide compensation for the irreplaceable and are often more important to the victims of medical malpractice than strictly monetary losses.
However, because they represent ideas that are so precious to our society, juries were awarding victims high monetary values for non-economic damages, and doctors, and the powerful groups who represent them, rallied to limit these awards.
With these damage caps in place, fewer and fewer people are filing medical malpractice claims because they aren’t able to get the compensation they need. This is essentially shielding doctors from liability. If something isn’t done to change the law, doctors will continue to be protected while vulnerable patients are not.
If you or someone you love was the victim of medical malpractice, you have to call me at 1 (800) 556-4769.
I have the knowledge and resources to fight for you, and get you the compensation you need despite the obstacles that have been placed in your way. As your Medical Malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For over 34 years, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at firstname.lastname@example.org or call at 1 (800) 556-4769.