2005-08-01 14:36:58
House Passes Medical Malpractice Caps
The House approved by a vote of 230-194 a bill that would cap awards for pain and suffering at $250,000 and in many cases cap punitive damages at $250,000, as well. Although the Senate has not passed similar bills that have gone through the House the last three consecutive years, President Bush made medical malpractice caps a priority in his bid for reelection in 2004. The legislation has been supported by Republicans at the behest of doctors, hospitals and insurance companies.
Doctors say that they no longer can afford to stay in practice due to the high cost of medical malpractice insurance. It is true that doctors pay too much for insurance however studies demonstrate that medical malpractice settlements and verdicts do not impact doctors\' premiums. In Illinois, the largest malpractice carrier has consistently paid out roughly the same amount since 1997, and in 2004 the Illinois State Medical Insurance Exchange paid 10 percent less than it did the year before. In addition, over the last five years, the number of medical malpractice lawsuits filed has been about the same. Insurance companies have been allowed to charge whatever premiums it sees fit without interference by regulation.
Setting caps on non-economic damage would accomplish nothing except punish the patient and his/her family who is grievously injured or killed through medical negligence. These caps are not only unconstitutional but there is no relationship to how serious the injury is or how egregious the malpractice. Caps would especially hurt stay-at-home moms, children and the elderly who have no "economic losses."
Let\'s trust our jury system to make the right decisions in regards to what is just compensation. After all, we trust the same juries in making life and death decisions in criminal cases.
