Why Tort Reform & Caps On Damages Is Bad Are Bad For America Ask most any politician and they will tell you tort reform is necessary. Many people believe that as well. What is troubling is the many that claim these beliefs do not truly understand (or willfully ignore) the implications of tort reform. Tort reform can take many different forms. A popular form is a cap on the amount of damages (money) an injured person can recover in their lawsuit. In Indiana for example, a patient injured by a health care provider that is covered by the Medical Malpractice Act can recover $1.25 million, but no more. In other states, noneconomic damages are capped at various amounts. When juries award damages in excess of the “capped” amount, the court often reduces the verdict to the capped amount before entering judgment. So, why is this a bad thing? There are at least two reasons caps on damages is bad. The first is philosophical, while the second is more practical. (There are more than two reasons – but this Post cannot run on forever!) In America, citizens are guaranteed the right to a jury trial by the 7th Amendment to the U.S. Constitution. Many state constitutions have similar provisions. While lawyers (especially trial lawyers) take much heat for “seemingly” crazy verdicts, it is the jury, not the lawyers or the judge, that makes this decision. A jury is made up of a citizens of the particular community where the case is being heard. So, the question one should ask themself is this: Do I have faith and trust in the jury system, which is very much at the heart of our Constitutional system of government? Placing artificial caps on damages says the government does not trust the people (the jury) to get it right and govern themselves. It is sadly ironic that many of the same politicians, talk radio hosts, and political zealots who cry patriotism for the 1st or 2nd Amendments, seem to forget that here are 27 Amendments – the right to a jury trial is one of them. If philosophy is not your cup of tea, how about a more practical reason by way of any example. Suppose a doctor at a hospital incorrectly prescribes a drug to pregnant woman and that drug causes her baby to be born with terrible cognitive and physical limitations to the point where the child will need care its entire life. The cost of that care can easily reach $10 million dollars over the life of the child. Who should assume the cost of caring for that child: The hospital and doctor who are responsible for causing the harm or society as a whole (e.g. Social Security/Medicare/Medicaid, etc…)? If the above example occurred in Indiana, the family could recover $1.25 million, but no more. That amount may pay for care for the child for maybe 10 years. After that point, the child still needs care – but who pays for it? Assuming the parents are not incredibly wealthy (an irrelevant, but reasonable, assumption), the government will end up paying for the care through social security disability, Medicare or Medicaid. Of course, who funds social security disability, Medicare or Medicaid? All of us. In a very real and practical sense, caps on damages shift responsibility for harm FROM the person who caused the harm TO all of us. If you or someone you love have been injured because of the conduct of a health care provider, it is very important to consult with a medical malpractice attorney. If you have question about your case, contact Westland Kramer & Bennett, P.C. partner Jack A. Kramer for a free consultation (219-440-7550) or by email at: jkramer@wkb-law You can also obtain additional information from our educational YouTube videos. Simply open YouTube and search for “WKBLAW” or “Westland Kramer & Bennett, P.C.” Jack A. Kramer is an AV Peer Rated attorney. AV rating is the highest rating from Martindale-Hubbell for both ethical standards and legal ability. Jack Kramer is also a member of the Million Dollar and Multi-Million Dollar Advocates Forum, as well as being in the Top 100 (Litigation) of the American Society of Legal Advocates. Jack Kramer also has a 10.0 Avvo rating. Westland Kramer & Bennett, P.C., 141 West Lincoln Highway, Schererville, Indiana 46375.
Posted on: Mon, 24 Nov 2014 14:00:00 +0000
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