April 16, 2020
If you were injured or if you became ill due to the negligence of your doctor or medical professional, then you may deserve compensation. If you are looking into medical malpractice suits, then you may learn about medical malpractice reform. There are always proposals to reform malpractice law. How will this affect your case? In some instances, it will not affect it at all. When it comes to reform, you need to understand capping. Capping is normally the foundation for reform. Here is what you need to know.
What Are Caps?
Caps are limits. These are limits on the amount of money that you can receive as an award if you sue for malpractice. These caps may also limit the amount of punitive damages that a judge can order against a physician. In some cases, the reform may also put restrictions on the types of cases that can go to court. Cases that would normally be dismissed may not be able to make it to court at all.
Why Are Caps Important?
So, why does there need to be caps? If you were injured, you may worry that this could put a dent in the amount of money that you can ask for. After all, when you are injured due to medical malpractice, then you could have high medical costs. The reason for these caps has to do with malpractice insurance. This can keep the costs down for physicians and other caregivers. This means that the insurance company pays a lower settlement. In addition, it allows doctors to practice without fear that someone would take them to court for a frivolous reason or sue them beyond what the case is worth.
Caps are important for physicians but should not interfere with your case. These caps help prevent frivolous lawsuits. If you have a serious claim, then odds are the reform will not affect your case very much. You can still file a suit for all of the damages that you suffered due to the actions of your care provider.
Tort reform is a complex issue. The idea behind tort reform is to create a physician-friendly practice. Reform does not give doctors an excuse to treat patients with inadequate care. If you suffer medical malpractice, you still deserve compensation. You can still file a lawsuit, even in areas where tort reform is being proposed. To discuss your options for your medical malpractice lawsuit, contact a medical malpractice lawyer, like medical malpractice lawyer in Miami, FL, as soon as possible.
Thank you to the law firm of Needle & Ellenberg, P.A. for their insight into medical malpractice and the law.