MedMal Cap Forces More Trials
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As we have pointed out before, Virginia is the only state in the country that caps total damages in a medical malpractice case. Most states that have enacted some form of tort reform have allowed an injured victim to recover all of their medical bills and lost wages (makes sense, doesn't it) but "capped" or limited recovery for such things as pain and suffering.
No cap is a good cap but at least the victim won't go broke.
Virginia, however, with it's one cap fits all system, guarantees that the most seriously injured victims will run out of money because Virginia, along amongst states, says we don't care if your medical bills are more than $1.85 million, your damages are limited. So, a patient who suffers a catastrophic brain injury in surgery, but lives only to be totally dependent on others for care for the rest of his life, faces millions of dollars in medical expenses. This patient is guaranteed to run out of money and become dependent on public welfare for care.
So, Virginia's medical malpractice cap protects the insurance company and guarantees that the victim, and, ultimately, the public, will bear the cost of the negligence.
That's tort reform. Sound reasonable to you?
For more information on this subject, please refer to the section on Medical Malpractice and Negligent Care.