Do you support limitations on medical malpractice lawsuits?
Why or why not?
@ Sparky - I agree 100%.
- justgetitrightLv 71 decade agoFavorite Answer
To some extent I do. There are a lot of frivolous lawsuits filed that seek millions in damages for minor procedures. I know of a person that sued a hospital because all of their cardiologists told him that he needed bypass surgery immediately or he would die. This person had recently been to Stanford Hospital and was told he was in fine shape but did suggest that he get checkups regularly. The guy decided that he was going to get a second opinion, the doctors told him he may not live long enough to do that but he proceeded to do so and went back to Stanford where he was once again given a clean bill of health.
He filed a malpractice suit against the doctors and the hospital, his total award was a bit over $8 million most of that was punitive damages for the intended fraud.
In cases where fraud is evident, I don't think there should be any limit but suits that are for negligence should be capped per a scale based on what was done, example if they cut off the wrong leg you should get more money than if they accidentally removed your appendix.
- scaerdrysLv 71 decade ago
In the first place, it would discourage assholes from leveling frivolous malpractice lawsuits, which cost consumers tons of money. In fact, if we developed an efficient system of penalizing frivolous lawsuits, and the clients and lawyers who level them (cough...cough...JOHN EDWARDS), we would go a long way in making medical care affordable. That, and, I don't have to worry about having my baby delivered by a doctor who is stressing out about me suing him if it turns out that the kid has cystic fibrosis or something....
In the second place, when punitive damages pretty much ensure that your children's children will still be living in the lap of luxery, it's all a bit disporportionate. I would like to see damages strictly leveled to actual damage. I realize that medical malpractice can really **** people's lives up, and I would agree that they should be compensated accordingly, but I have also seen L&D court cases that would make your head spin.
- rainmakerLv 61 decade ago
Even being conservative limits on malpractice should not be in place if doctors continue with there mistakes. With limits on lawsuits, there should be limits on the number of malpractice issues . when a doctor reaches these limits he can no longer practice medicine
- 1 decade ago
I'm not all into the greedy thing. I do think there are a lot of unnecessary law suites . I do not however no of any other limits to how large a law suit can be. I would like to think that a jury of peers would be smart enough to make the proper decision. Isn't that what we put our trust in? So I guess my answer would have to be no to the limitations. Enough government interference.
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- Mr. WolfLv 71 decade ago
I do not support it. I feel any awards should be determined on a case by case basis in a court of law by a jury. The whole argument that high awards is a major reason for the high cost of health care is false and is nothing more than a ploy to get caps place on awards.
- ?Lv 71 decade ago
Reasonable guidline limits can be determined that can give juries a range of award values to consider. Maybe even including a formula that considers age and impact to the persons future earning capability and impact to their living expenses
Basically some means to put some predictability to an award value. Take the uncertanty out of the award amount and you make it easier and cheaper to insure against.
- yellow.45Lv 61 decade ago
no. if you were to cut off the wrong arm during a medical procedure roughly $250,000 does not cover changing life drastically. by going to a hospital the hospital and I are entering into a contractual agreement. If the hospital staff does not hold up to their end of that agreement the hospital is liable for that failure. a cap can not take into account all the mistakes that can be made during a surgical procedure including loss of life.
- BrianLv 71 decade ago
I'm on the fence on this one. There is no question that awards have gotten out of hand but I hate the idea of limiting legitimate damages. If they do limit them they better take a lot of care as to how it is done..
- 1 decade ago
Yes, it's one of the big reasons health care is expensive, but libs are beholden to trial lawyers and unions who want no limits.
- 1 decade ago
No but frivolous lawsuits should cost the person who files the case.