MEDICAL MALPRACTICE CAPS ARE A BAD IDEA

In response to political pressure from doctors and medical groups, Congress has recently debated passing a national cap on the size of medical malpractice damages awards. The idea is to limit the amount of an award for pain and suffering in medical malpractice cases to a maximum of $250,000, no matter how seriously the victim has been injured. Although doctors complain that malpractice insurance has become expensive because of malpractice damages awards, Congress's solution causes more problems than it solves.

First, many legal scholars question whether caps on damages would be ruled constitutional. Second, a one-size-fits-all damages cap does not recognize that some kinds of malpractice are more serious and cause far more suffering than others. Would you exchange a lifetime of suffering for $250,000? Probably not. Finally, evidence shows that malpractice caps will not even reduce the size of doctors' malpractice insurance bills. California has had a similar cap in place since 1975. For the next 12 years, malpractice insurance in California skyrocketed.

A bad law such as this one often passes because the people affected by it do not know the law will impact them until it is too late. Don't wait until you are a victim of medical malpractice and find that your legal rights are limited. Make your voice heard today by contacting your Congressman and Senators--tell them to vote "No!" to malpractice caps.

Read more about Texas Proposition 12.

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