Tort Reform Increases the Risk of Medical Negligence
New York is one of just 15 states in which there is no limit on the maximum amount of compensation after an incident of medical malpractice causes damage. However, this does not mean lawmakers have not tried in the past to impose restrictions.
According to Syracuse.com, for example, Governor Andrew Cuomo proposed imposing a $250,000 limit on the amount of pain and suffering damages. This capped amount is similar to limits in other states such as California.
A New York medical malpractice lawyer knows proposals to cap damages after incidents of medical negligence are common. Those who believe damages should be capped state they are in favor of “tort reform,” and argue imposing limits would lower healthcare costs for everyone since doctors would no longer need to pay as much for medical malpractice insurance to cover costly claims. The reality, however, is malpractice damage caps only serve to prevent those who have been harmed by doctors from getting the money they deserve. Furthermore, as the Huffington Post indicates in a recent article, damage caps can actually make healthcare worse for everyone.
Damage Caps Can Make Healthcare Worse
A variety of recent studies have assessed the impact damage caps have on the healthcare field and outcomes for patients. The studies all seem to lead to the conclusion that damage caps are detrimental to patient health without providing the promised benefits. For example:
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