Personal Injury Law

State?s Medical Malpractice Damages Cap Causes Controversy

By Steven M. Levin and John J. Perconti

A man has been told by lawyers that it?s economically unfeasible to litigate his complicated case because of a state?s medical malpractice reforms. The man is almost blind in any eye after a botched retina reattachment operation in August 2007. Additionally he has trouble with depth perception and peripheral vision. He cannot walk around an office or a restaurant without bumping into something. However, with the new medical malpractice law, he can?t even get a lawyer to go after who?s responsible for the sight loss. The resident claims that there is no protection for the consumer. The legislation caps damages for pain and suffering in all medical malpractice cases at $350,000. This sum may not take into consideration the pain and suffering to grieving parents or to an individual whose quality of life has changed. While doctors praise the legislation, it is those who suffer that are most affected. Lawyers are unwilling to take medical malpractice for fear that it is not economically feasible. They are currently looking for a case that will allow the legislation to be deemed unconstitutional. To read the full story, click here.

Full post as published by Illinois Medical Malpractice Blog on November 01, 2008 (boomark / email).