Friday, December 11, 2009

What is a problem with tort reform in the medical malpractice arena?

In a December 6 article in the St. Louis Post-Dispatch, it was reported that "Next month, the Missouri Supreme Court will hear arguments" in a case challenging the state's cap on jury damage awards. "There and in Illinois' highest court, judges ultimately will rule on an issue that pits doctors and businesses against lawyers and advocates for victims." Medical malpractice attorneys say that the state's $350,000 cap is "bad for consumers...because it means that people...will have a hard time finding a lawyer willing to take their cases".
-Placing caps on jury damage awards merely injures the victim a second time.
-Attorney Douglas V. Stoehr believes that the best way to control medical malpractice is to develop medical practices that reduce or prevent medical errors and malpractice that carelessly cost tens of thousands of lives each year.