Casey: $250K cap on malpractice damages 'insulting'

[cal04]

http://politicalticker.blogs.cnn.com/2009/10/11/casey-250k-cap-on-malpractice-damages-insulting/

A moderate Pennsylvania Democrat came out strongly Sunday against the possibility of imposing a cap on medical malpractice damages as part of comprehensive health care reform legislation currently under consideration in Congress.

“I don’t think the way to go is to limit the rights of Americans who are injured by negligent or intentional conduct,” Pennsylvania Sen. Bob Casey who is a member of the Senate Health, Education, Labor and Pensions Committee said Sunday on CNN’s State of the Union.

“A $250,000 cap on damages, in my humble opinion, is insulting to our system of justice,” Casey also told CNN Chief National Correspondent John King, “That is not justice as we have come to understand it.”

(snip)
“There’s a different way to come at it,” Stabenow told King, “The Republicans have a very traditional approach over and over again – whether or not (malpractice reform) has worked.” Stabenow said damages caps imposed in Michigan had not stemmed increases in the malpractice insurance rates paid by doctors.

[imdjh]

1. I believe the cap applies only to punitive damages not actual losses.

So if Dr. Bumble lands you in a wheelchair you would collect medical needs for life regardless of cost, but the punitive would be capped at $250K. Your medical costs and actual losses (income etc...) would not be affected. Perhaps someone else knows more about it.

[Mayberry Machiavelli]

2. Yeah, this is the general form of damage caps, such as in TX and CA. In other words,

if you made 100K a year and lost 20 working years due to death or disability from malpractice, the caps don't affect the adjusted 2 million dollars awarded for that, nor medical costs etc., just punitive "noneconomic" damages. I'd have to read about that specific one though.

[vadawg]

4. seems to be sensible idea, not sure why people could complain about that

its not as if the $250,000 is all you get for the rest of your natural...

[DemocratSinceBirth]

6. What If A Doctor's Mistake Parlayzes A Person

$250.000 + actual losses seems paltry.

[vadawg]

8. why your going to get all your needs met for the rest of your life, all the money you have lost

and $250,000 on top of that.. how much do you think the government should give someone in this situation...

[DemocratSinceBirth]

9. It's Not The Government. It's The Physician Who Carelessly Harmed You

~

[imdjh]

10. It might be. It might be the taxpayers if it's a public hospital. But ultimately it's everyone.

The money has to come from some place.

[DemocratSinceBirth]

12. The Whole Idea Of Civil Law Is To Make The Defendant Whole Again

Why don't they cap other civil judgements at $250.000.00?

[vadawg]

11. yup but think it through, if single payer becomes the norm then the government will pick up the tab

even if not then how much do you think would be enough, personally i think all loses and $250,000 is a lot for a mistake, probuably want more for a malicious act though..

[DemocratSinceBirth]

13. For Seriously Harming, Paralyzing, Or Killing A Person Through Negligence

If I was parlayzed through someone else's negligence I would want a lot more than a wheelchair, a bedside potty, and $250.000.00.

Since I could never be made whole again I would want enough money to make me forget that I ended up this way because someone entrusted with my care was negligent.

[imdjh]

20. There isn't enough money to do that.

And regardless of how much you got, at the one precise and fleeting moment when you weren't thinking about what has happened to you, someone or some thing will remind you.

[CrispyQ]

14. Agreed.

I'm thinking of the guy who had to have his leg amputated & they took the wrong leg. He still had to have his diseased leg amputated, so he ended up without legs.

$250k for that? :grr: He deserved to own the fucking doctor for that mistake.

[DemocratSinceBirth]

15. If A Person Drives Carelessly And Causes An Accident

The non-economic damages aren't limited to $250,000.00


It's really carving out an area of the law and giving physicians a form of civil immunity.

[Vinca]

3. If a doctor amputates my leg instead of taking out my appendix,

I want enough money to fill a swimming pool on top of actual damages.

[imdjh]

5. Well, that's sort of the point. You're supposed to be compensated, not hit the Lotto.

[DemocratSinceBirth]

7. I Don't Think Losing Your Leg Is Akin To Winning The Lotto

Most lotto winners are whole before and after winning the lotto.

[Doremus]

17. "hit the lotto" That seems to be a popular RW meme

Why are you repeating it here?

[DemocratSinceBirth]

19. Word

So if a person is paralyzed as a result of a negliegent doctor he gets a handicapped accessable apartmemnt, a a wheelchair, and a bedside camode, and $250,000.00.

If that's winning the lotto what does the loser get?

[pansypoo53219]

16. they never seem to think about

getting rid of BAD DOCTORS.

[Doremus]

18. It IS insulting. And people who dont think so are either repugs or woefully misinformed.

Malpractice awards account for less than 1% of medical costs. States that have instituted tort reform have NOT experienced lower malpractice insurance premiums OR decreased medical costs.



Support for tort reform = cutting off your nose to spite your face.

Support for tort reform = being a roach and voting for Raid

Support for tort reform = STOOPID

[ctaylors6]

21. is cap on punitive damages or pain&suffering or both?

Also, is there distinction made between level of negligence (eg ordinary negligence, gross negligence, recklessness, intentional conduct)?

I googled but can't find details on what's being proposed. I think the reasonableness of the cap depends on those variations.

[DemocratSinceBirth]

22. People Are Confusing Non -Economic Damages With Punitive Damages

It's almost impossible to collect punitive damages in a medical malpractice case. You have to prove the physician was not careless but reckless.


Here's my problem with the cap. Messing somebody up and then juat paying for their care doesn't make them whole again. There has to be some compensation for ruining their quality of life.