Damage Caps Don't Work

Written by Andrew Traub

March 6, 2008

I just came across an excellent article about damage caps for medical malpractice which explains why they won’t help lower premiums for Texas doctors.

It’s sad to say, but the real effect of damage caps is to punish children, the elderly, the unemployed, and single people.

Why do I say that?  Because children, retired people, unemployed people, and people who aren’t married or don’t have children aren’t entitled to economic damages.  The damage cap then states that all that can be recovered by their estate is $250,000.  Figure that a typical medical malpractice case can cost $100,000 to go to trial and you will understand why insurance companies never settle these cases, even when liability is clear.  Shame on the legislature.

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