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Should Pain and Suffering Awards Be Limited | Florida Personal Injury Lawyer
There was a big article in the Wall Street Journal about how other countries handle medical malpractice cases -- the implication being we should learn from them and put limitations on them --- a typical Wall Street Journal aproach!I was struck by two statistics I thought you might find interesting -- regarding the number of errors in jury verdicts.
Juries denied compensation properly due in about 16% of the cases, and awarded it about 10% of the time when it was unwarranted, according to this research.
In Florida, you have to have an affidavit from a physician in the same practice area as the doctor you are bringing a claim against certifying there is a good faith basis to bring a claim.
That would tend to minimze the results this article talks about regarding people being awarded 10% of the time when it is unwarranted. Claims are brought because people continue to be injured and killed from medical errors.
Be alert that Congress is talking about putting a cap on pain and suffering awards as part of a comprehensive overhaul of the health-care system
I urge readers as a Florida Personal Injury Lawyer to communicate with their representatives and senators opposing such restrictions. This is an area the federal government should leave to the state, as our framers intended..
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