Medical Malpractice Caps - What To Know

Medical malpractice is a leading cause of death in the United States, with an estimated 250,000 deaths each year caused by preventable medical errors. Despite this staggering number, many states have implemented laws that limit victims' access to the courts and make it difficult for them to seek justice and receive fair compensation for their injuries. These laws, known as medical malpractice caps, are arguably violation of victims' constitutional rights and do nothing to address the root causes of medical error.

Do Medical Malpractice Caps Lower Healthcare Costs?

One of the main arguments for medical malpractice caps is that they will lower healthcare costs. However, studies have shown that this is not the case. In fact, a study published in the New England Journal of Medicine found that states with caps on damages awarded to medical malpractice victims had healthcare costs that were 2.6% higher than states without caps. This is because when victims are not able to receive fair compensation for their injuries, they are often forced to rely on government assistance or Medicaid to pay for their medical expenses.

Medical Malpractice Caps May Limit Victims' Access to The Courts

Medical malpractice caps also limit victims' access to the courts, making it more difficult for them to seek justice and receive fair compensation for their injuries. Caps on damages not only limit the amount of compensation that can be awarded, but they also make it more difficult for victims to take a case to trial. This is because caps on damages make it less financially viable for personal injury lawyers to take on medical malpractice cases, as they are less likely to be able to recover their costs.

The imposition of caps on damages for medical malpractice has been challenged in courts as a violation of the 7th and 14th amendment of the U.S Constitution, which guarantees the right to a trial by jury and due process. In several cases, such as the Supreme Court of Alabama decision in Ex parte Cox, the court found that caps on damages for medical malpractice are unconstitutional because they restrict the right to a trial by jury and violate the right to due process.

Medical Malpractice Caps May Disproportionally Harm Women and Minorites

Furthermore, medical malpractice caps also disproportionately harm certain groups of victims, such as women and minorities. Women and minorities are more likely to be awarded smaller damages for their injuries, as they are often not able to afford the high costs of taking a case to trial and are therefore more likely to settle for a smaller amount. This is particularly concerning when considering that medical malpractice disproportionately affects women and minorities.

Medical Malpractice Caps Violate Victims' Constitutional Rights

In conclusion, medical malpractice is a leading cause of death in the United States, and laws that limit victims' access to the courts do nothing to address the root causes of medical errors and are a violation of victims' constitutional rights. Instead of implementing caps on damages, states should focus on addressing the root causes of medical errors, such as inadequate training and lack of accountability, and on improving the quality of healthcare for all.

References:

"Medical Malpractice Liability, Health Care Costs, and Patient Safety." New England Journal of Medicine, vol. 356, no. 17, 2007, pp. 1742–1750., doi:10.1056/nejmsa068045.

"Ex parte Cox." Supreme Court of Alabama, https://caselaw.findlaw.com/al-supreme-court/1177179.html

“The Impact of Tort Reform on Women and Minorities.” The Impact of Tort Reform on Women and Minorities | American Association for Justice, https://www.justice.org/what-we-do/our-issues/the-impact-tort-reform-women-and-minorities.