Why Are There Medical Damage Caps?

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February 12, 2015
Colson Hicks Eidson

Litigation Attorneys for Medical Malpractice Cases

In this video, injury lawyer Joe Kalbac explains why he feels that limiting the ability of medical negligence victims and their families to gain a fair amount of compensation from the parties responsible by instituting damages cap for these types of cases is extremely unfortunate. The litigation lawyers at Colson Hicks Eidson strive to gain clients what they deserve in a court of law for their injuries. To learn more about your rights and ability to recover damages, reach out to our injury attorneys for more information.

Video Transcription:

Should there be caps? Should people support caps? I believe absolutely not. Who is some legislature or even some voter to say how much someone’s pain and suffering is worth. I have clients come to me all the time who have just catastrophic cases, sad cases involving death and personal injury and I tell them, “I’m sorry there’s a cap on your case,” and they say, “How did that come to pass?” I explain the process to them and they said, “Well, I voted for that but that didn’t apply to me, did it?” Unfortunately, it does apply to you. So, there should not be caps on medical negligence cases.

There is no rationale between whether you were injured by a truck or by a medical doctor. A matter of fact, an interesting aside in the law is under Florida’s Wrongful Death Statute. If you are the victim of a medical negligence case, but you don’t have a surviving spouse or a minor child, there is no claim for pain and suffering. In that same case, if there is no spouse or surviving child and you were hit by a truck and there were adult children, they could recover.

Laws in Florida have been passed to protect doctors, hospitals and insurance companies, and it’s an ongoing battle between the trial lawyers, between the lawyers at Colson Hicks Eidson, and our legislators as to needing to protect our clients and their ability to receive fair compensation for medical errors.