Written by Oliver Schrumpf
Friday, 10 October 2008 11:35
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.
The cap is only on RECOVERIES, which merely prevents the injured victims, widows and orphans (and those who pay for the treatment or disability income) from being able to recover the full amount of their damages from the negligent physicians and hospitals. The so-called "cap on damages" protects negligent, for-profit, health care institutions and for-profit insurance companies. The "cap on damages" prevents judges and juries from carrying out their constitutional function. The "cap" removes the element of personal responsibility from the practice of medicine.
Want to know the real truth? Download the full PDF document below:
