Elder Law

Recent Verdict Highlights Problems With Malpractice Damage Caps

By Levin & Perconti

We have frequently mentioned the arbitrary nature and illogical outcomes produced by damage caps imposed on medical malpractice and nursing home lawsuits. NBC 2 News reported on a medical malpractice lawsuit that highlights those damaging effects created when the victims of negligent care have rights ignored.

A family filed a lawsuit after a medical error caused severe injury to their young daughter. Three years ago a hospital negligently prescribed a dose of nutrients 100 times stronger than necessary. The little infant?s frail body could not handle the massive intake. The young girl suffered cardiac arrest?she is now blind and suffers from cerebral palsy.

After hearing all of the evidence about the error, the losses suffered by the family, and the future expenses that will be required, a jury found the hospital guilty of malpractice. The community members awarded the family $19.2 million dollars. However, because of liability malpractice caps, that award to pay for the young girls care may be cut by a staggering 90%. The joint decision of neutral community members on the appropriate remedy for the situation is virtually ignored at the expense of those caring for the young girl.

If recently proposed federal legislation known as H.R. 5 is approved, than many local victims, including those filing Illinois nursing home lawsuits, will suffer the same erosion of rights. It represents a misguided, unnecessary, illogical shift in power away from victims and toward negligent big interests. All those interested in justice must stand in opposition.

Full post as published by Illinois Nursing Home Abuse Blog on February 10, 2011 (boomark / email).