Tort Reform Legislation Aimed At Capping Damages For Medical Malpractice Suits Proves Controversial.

Arguably, the main goal of tort law is compensation; that is, to make the victim of a personal injury whole again by forcing those responsible to pay for their injuries. The problem is, much of the subject matter of tort law cannot be so easily defined by dollar amounts. How does one quantify the pain of losing a child? Even that which is seemingly quantifiable, such as money for lost wages while injured and unable to work, can be subject to variables; for example, were you on track for a promotion? Does your job depend on you being able to go into the office each and every day? Because of this, courts often have trouble assigning damages. In situations of personal injury, it may be wise to contact an expert personal injury attorney at 617-787-3700.

Those in favor of capping damage awards for medical malpractice cases advance several arguments. For one, juries may be overly sympathetic to victims and decide that they should be awarded damages that prove so onerous to the medical industry that they are in turn forced to increase the cost of insurance. Moreover, some say there is a pervasive fear that doctors will make decisions based on the fear of potential lawsuits, as opposed to decisions that are guided by their medical expertise. Capping the amount of damages available for plaintiffs, it is argued, would reduce the risk of both cases occurring.

On the other side of the argument, opponents of this kind of tort reform maintain that when damages are capped, victims may not be fully compensated. As a result, a main goal of tort law will not necessarily be reached. Also, since medical malpractice suits are difficult and expensive to prove, attorneys are reluctant to take on such cases, knowing that the percentage of the damages they may receive might make the expenditures in proving their case seem not worth it.

If you or a loved one has been injured as a result of the negligence of a medical professional, you may be entitled to significant monetary relief. Act now and contact one of our expert medical malpractice attorneys here at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to discuss your potential lawsuit. Call us today at 617-787-3700 or email us at for your free and private consultation. Your needs are our top priority!

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