Tort Damage Caps
HR # 1215 is being pushed through the House of Representatives to substantially limit an individual’s right to recovery. The bill is designed to make it exceedingly difficult to bring medical malpractice actions and even more difficult to recover appropriate damages for pain and suffering. Let’s see how this works in comparing hypothetical situations.
PL#1 is safely driving north bound on an Interstate HWY, on a bright sunny day. The trucker falls asleep at the wheel, while driving southbound on the same Interstate and crosses the centerline. As a result of crossing the centerline, the truck collides with PL#1 causing her to become paralyzed from the waist down. She is receives all of her treatment at the local hospital. PL#1 is a healthy, 24 year old female.
On the very same day as the crash, PL # 2 suffers from chronic back pain and is scheduled to have elective back surgery. Other than her back pain, PL # 2 is in good health. The surgeon is performing the procedure but injures her spine causing this 24 year old woman to be paralyzed from the waist down.
Both cases are tried in the same courthouse. PL#1 is awarded $2,000,000 in pain and suffering because she will be permanently paralyzed for the rest of her life. The trucking company will be responsible for this verdict. PL#2 is awarded $2,000,000.00 for the same injury as PL#1 but can only collect $250,000.00 because of damages caps.
The proponents of caps on pain and suffering try to make it appear like the injured person somehow obtained a windfall in receiving a verdict in excess of $250,000.00. Once again, look at this hypothetical case. Do you think the medical malpractice victim was thinking, “Boy, am I lucky to be paralyzed. Now I can get more than $250,000.00 for my pain and suffering.”
Please call your Congressman or Congresswoman and tell then to vote No on HR #1215.
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Posted on Tue, June 27, 2017
by Thomas Tobin III