New Jersey Medical Malpractice Attorney Discusses Medical Malpractice Caps and Vulnerable Victims
I've always said that damages caps don't work. In every state in which medical malpractice "damages caps" have been tried, they've failed to resolve the fictional "medical malpractice insurance crisis." Obviously, you can't fix something that doesn't exist. The crisis has been fomented by greedy medical malpractice insurance companies that see a way to exploit Americans' fears of not having "adequate medical care" by blaming the victims and their attorneys rather than the bad doctors, nurses and hospitals that deserve the focus.
As bad as that's been, and as bad as it's going to get with a much "redder" Congress, it's important to recognize that individuals attempting to validate their medical malpractice rights through a lawsuit already face a tilted playing field and road blocks on their journey to justice. Nowadays, with the effort by medical malpractice insurance companies to lie to the public and lie to legislators, and given that these efforts are, in part, working, finding an attorney able to litigate a medical malpractice claim for a deserving victim is getting harder than ever.