In an article in Forbes magazine, Steve Cohen argues that none of the goals of tort reform that began in
Cohen begins his article with a story about a woman named Shannon Reilly. In 2002, Ms. Reilly was born with cerebral palsy because she did not receive enough oxygen before she was delivered. This can occur because of complications during pregnancy or medical error. But in
This raises the question: Should there really be a cap for medical malpractice cases? Should people like
Tort reformers believe caps are necessary because the fear of being sued causes doctors to engage in something called “defensive medicine,” which involves ordering unnecessary—and costly—tests. Another reason tort reformers feel caps are necessary is to combat the rising costs of malpractice insurance for doctors. With caps in place Shannon Reilly may not have been able to receive the money to pay for the therapy she will need for the rest of her life, and the medical professionals may have never understood the gravity of their error.
If you have been injured, you should contact a personal injury attorney before negotiating with an insurance adjuster. Contact the Law Office of Ben Crittenden for a free consultation.