Medical Malpractice damage caps harm most severely injured patients.

Posted on Mar 18, 2014

For years the insurance lobby has been pushing limits on the amount of damages available to people harmed by medical mistakes.  These limits often discriminate against the most severely injured patients - and hurt the elderly, stay at home moms, young people.

And the reason the insurance lobby always gives is that there is some type of medical malpractice crisis - with doctors leaving the area, etc. 

The Supreme Court of Florida just ruled this so called "crisis" was pretty much made up - invented, non-existent, etc.  and it ruled a law that capped damages for wrongful death medical malpractice cases was unconstitutional.  Here's the story.

In Virginia, you can be severely injured due to a horrible anesthesia mistake, leaving you in a vegetative state, needing around the clock care, completely dependent on others and with no way to support yourself or your family.  And the most you can recover against the hospital, doctor or HMO that caused your damages is a little more than $2 million - even if your medical care will cost 10 times that amount.

But let's say the surgery goes fine except you're not looking when you back up your SUV and run over the anesthesiologist causing the same injuries and damages.  He is not limited in how much he can sue you for and recover against you.