Caps in Medical Malpractice

Beth Janicek
Attorney
(866) 735-1102 Ext 395
Posted by Beth JanicekSeptember 13, 2008 8:00 AM

A recent article in Forbes magazine by David Hyman provides a good explanation as to what is wrong with having caps on noneconomic damages in Texas. He and three other law professors did a study on the effects of 2003 noneconomic caps in Texas. The study concluded:

“overall payouts in tried cases will decline by 27% and payouts to employed living plaintiffs will decline by 15%. However, payouts to survivors of deceased victims who were unemployed will decline by 53%”

Unemployed people include babies, housewives and the elderly. The harmful effect that the damage caps have on the unemployed people is just one of the many problems with having caps in medical malpractice cases. His article illustrates how difficult it is to bring these cases under this financial scheme.

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