Posted: May 18, 2015

Few American law firms have the breadth of experience with medical malpractice lawsuits, or the number of successful medical malpractice verdicts and settlements, as Kline & Specter PC, in Philadelphia, Pennsylvania.

Our attorneys draw on that significant "MedMal" expertise when arguing against damages caps for these types of lawsuits.

At this time, nine states across the country limit the amount of non-economic damages that a plaintiff can receive after a successful lawsuit. A few states have gone even further and passed an "umbrella cap" to cover all medical malpractice settlements.

Our attorneys believe that these caps fly in the face of the American judicial process and counter each citizen's right to a trial by jury.

First of all, it's impossible to determine before a medical malpractice case has been argued the exact dollar amount that will right the wrong at the heart of that case.

What's more, legislated caps on damages raise serious constitutionality concerns and may even violate the separation of powers principle that serves as the foundation for the checks-and-balances system so crucial to our American democracy.

Finally, the argument that such caps will lower insurance premiums fails when it comes to the facts.

Consider what happened in Texas after that state passed a $250,000 damages cap. According to an opinion piece in The Atlanta-Journal Constitution, the change allowed  negligent doctors to harm patients without fear of lawsuits and the number of medical malpractice complaints to the Texas State Medical Board actually rose from 2,942 to 6,000 in just one year. Our medical malpractice attorneys completely agree. According to Attorney Shanin Specter, "Caps and other immunities lessen corporate and individual responsibility and accountability. And they prevent those injured through the fault of another to be fairly compensated."

When you need an accomplished lawyer to honestly evaluate the fair value of your medical malpractice case, please contact Kline & Specter PC, online or call our Philadelphia offices directly at 215-772-1000 or 800-243-1100.