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.
Or . . . Everybody saw this coming.
Or... The Hypocrisy of the Right
I've blogged about "Tort Reform" - attempts, under the misleading word "reform" (which implies a good, necessary change) - to gut the civil justice system by limiting access to a jury trial, compelling arbitration, erecting barriers to suit and by limiting damages.