A Fight for Medical Malpractice Caps

Jamie G. Goldstein

Attorney
(866) 735-1102 Ext 626

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In Tennessee tomorrow there will be a hearing to consider creating caps on non-economic damages in medical malpractice cases. The cap would be at $250,000. Another proposal that will be heard is to require plaintiffs and defendants to file a certificate of merit in cases. Tennessee is not the first and certainly will not be the last state to look at similar proposals. Illinois has also had to deal with caps and proof of merit in cases.

In Illinois, there have been ongoing fights to do away with the caps on medical malpractice cases. The Illinois Trial Lawyers Association (ITLA), has raised similar concerns as the Tennessee Trial Lawyers Association. ITLA has worked hard to make it clear that these caps are not going to help stop increases in premiums and that frivolous lawsuits are not the cause of the increase nor the cause of doctors not practicing anymore.

A majority of cases come from a minority of doctors. The real fight is to remove the doctors that are not practicing proper medicine. This is where the focus needs to be, not on going after the victims of these doctors by reducing what their ultimate outcome can be if they file a lawsuit after being injured.