March 31st, 2011
Governor Cuomo has set up a medicaid re-design team. On the team, there are a number of hospital administrators. These administrators have used this opportunity to press for capping malpractice payment for hospitals. Governor Cuomo has decided to go along with the hospital administrators’ request concerning capping malpractice payments in medical malpractice cases.
Hospitals and physicians have complained about decisions in medical malpractice cases. They claim the awards have been too high. They also claim that they must now practice defensive medicine and perform unnecessary tests to protect themselves.
There has been a proposed cap for “non-economic damages.” This cap would be $250,000 for pain and suffering for each medical provider guilty of malpractice. In 2011, $250,000 is a grossly insufficient amount to pay to individuals who will have a diminished quality of life because of hospital or physician negligence. Some of these individuals will be left blind, paraplegics, and completely unable to care for themselves.
The best way to deal with medical malpractice is not to penalize the injured parties by limiting their recovery. The more perfect solution is to reduce the number of errors and bad decisions made by medical providers.
A medical malpractice cap should not be part of the budget being submitted by Governor Cuomo. The better solution would be for medical providers to be more careful regarding the decisions they make concerning patients. Our law office represents individuals who have been in car & truck accidents. We aggressively litigate slip and fall and wrongful death cases. We deal with issues concerning no-fault insurance. We also litigate dog bite cases. Feel free to call us for a free consultation.