Life and death are important things for us to deal with. Our families and loved ones are some of the most important people in our lives. When they are hurt we turn doctors, the caretakers and healers of this world. Doctors posses the power to save those we love and remove our own ailments. Our society is reliant upon having second, third or more chances that are given by a doctor.
When children think of respectable and important jobs it is always doctors and lawyers who get named. A doctors’ position is one of respect, duty and prestige but what happens when a doctor fails to live up to that duty? When a doctor deviates from accepted standards of medical practice during the performance of their job they can unnecessarily endanger patience. This act of endangerment is known as medical malpractice and it can cause serious injury or death. Most of the time this malpractice is due to medical error but occasionally it is due to negligence and other causes.
For doctors one error can result in never being allowed to work again as malpractices lawsuits can be extremely costly. Many doctors have chosen medical malpractice insurance, which helps protect them against lawsuits. Even though this insurance can protect them from being put out of business it still has a hefty price. To help fight the rising costs for doctors the state of Tennessee has passed a law that puts caps on how much claimants are allowed to receive.
However there are two sides to this story and perhaps the most important side to the story are the people who would be receiving awards from doctors who commit malpractice. Putting into place a cap effectively negotiates how much your damages are worth regardless of the situation or circumstances behind the case. While caps allows for doctors to continue practicing without their rates going up it also allows for doctors who should not be practicing at all to continue practicing. It offers no distinction between the severity of your lawsuit and someone else’s.
A person who looses a limb due to a doctor’s actions and inability to perform their job correctly could receive the exact same amount as a family who looses their nine-year-old son because the doctor was drunk while performing surgery. It is obvious these cases are not the same and one should definitely be given more money and a doctor should be more severely punished but caps eliminate this distinction.
The motive behind placing a cap on medical malpractice may be noble but it is not safe to argue that doctors need caps. A jury needs the right to choose how severe a doctor’s actions were and what award should be given to compensate. Maybe a better system needs to be established to allow more freedom to doctors, but a cap on awards is not the way to go.
A full article can be found here: Tennessee Caps Awards in Malpractice, Civil Damage Cases
Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has been injured in an accident and would like to be represented by a Las Vegas Personal Injury Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.