Grieving Family Troubled by Malpractice Cap
As lawmakers search for ways to trim healthcare costs, victims of medical malpractice face severe consequences. The latest proposed federal legislation would arbitrarily cap non-economic damages and shorten the statute of limitations for negligence claims. Some families of malpractice victims have already experienced the devastating effects of damage caps. The Los Angeles Times recently featured the story of 17-year-old Olivia Cull, who died after a routine procedure at UCLA hospital. Cull’s parents had a difficult time finding a lawyer willing to take the case given the state cap on damages. They eventually retained a pro bono lawyer and were forced to accept a settlement agreement for $250,000, since that was the maximum amount allowed under the law.
Not only do limits on payouts make it difficult for patients and families to find lawyers to take their cases, but they also diminish accountability. Hospitals are reluctant to admit mistakes and make their full records available. In the case of Olivia Cull, filing a wrongful death lawsuit was the only way to get the answers they sought. The threat of a larger settlement could have pushed the hospital to provide complete disclosure.
Physician groups argue that caps limit frivolous lawsuits and drive good doctors out of business. But they also increase the number of legitimate malpractice complaints that never make it to court, further penalizing malpractice victims and their families