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Thursday, 23 October 2008 14:05 |
We submit our most precious treasures to the skill of the doctor or hospital personnel: our lives and those of our parents, spouse, or children. Most people put their highest trust in their doctor. But what happens when the doctor (or laboratory, or nurse, etc.) betray that trust?
Few people would flinch at finding fault of the doctor driving his car who runs a red light and injures someone with an automobile. But put a scalpel in the doctor's hands and different rules seem to apply. Nevertheless, there are "rules of the road" and "road signs" for doctors, too. And when they fail to recognize or heed the signs, or fail to follow the “rules of the road” for their particular specialty, they too may be found "at fault". |
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Louisiana Medical Malpractice Insurance |
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Thursday, 23 October 2008 14:03 |
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In 1975, in response to a perceived (as opposed to actual) “crisis” in medical malpractice insurance, the Louisiana Legislature adopted the Louisiana Medical Malpractice Act (La. R.S. 40:1299.41, et seq.; Act 817 of 1975) [hereinafter “MMA”]. The MMA was theorized as a give and take, like worker’s compensation. In exchange for a dozen protections to negligent health care providers (and their “struggling” insurers) victims would receive the “benefit” of possibly having more claims insured. In affirming the cap on damages, the Louisiana Supreme Court said: “Although a subject of debate, the existence of a medical malpractice insurance crisis was widely acknowledged when Louisiana’s Medical Malpractice Act of 1975 was passed.” |
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Caps on Recoverable Damages - Unconscionable and Unconstitutional |
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Friday, 10 October 2008 11:35 |
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The general public thinks it’s a good idea to cap damages. In fact, the goal should be to prevent damages altogether, say by preventing the tens of thousands of deaths due to medical negligence annually. The problem is: DAMAGES HAVE NOT BEEN CAPPED. Damages from medical malpractice accrue to the victims, the widows, and orphans (and to their health insurers, family providers, or taxpayers who pay for their treatment or disability income) whether we like it or not. The laws do not cap THEIR damages. |
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