Medical Malpractice Caps Are Unconstitutional

Beth Janicek

Attorney
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A Court in Louisiana has ruled the medical malpractice cap which was passed in 1975 is unconstitutional as it fails to provide an adequate remedy for severely injured patients. The $500,000 cap from 1975 is worth around $146,435 to $160,000 in today's dollars, according to evidence presented in the original case and an affidavit filed in 2003, the ruling says. The medical malpractice cap in Texas has the same problem as the $250,000 is not tied to inflation. Therefore, the medical malpractice cap decreases the value of a case every year. In Louisiana, the argument is still being made that this will keep doctors from coming to the state. However, there is not evidence to support this theory. In San Antonio, even after the caps were passed, the city continues to have a problem with attracting some specialty doctors . Malpractice caps could actually lead to an influx of negligent doctors by protecting them, Schrumpf said. Five percent to 7 percent of doctors are responsible for 60 percent to 70 percent of the malpractice committed.

"It seems to me that stopping malpractice should be a greater goal than limiting the amount of money to a victim of malpractice," he said.