Medical Malpractice Caps Proposed in Florida

A legislative proposal made in Florida last week suggests a cap on payments made to patients who are insured by medicare and injured by medical malpractice. The cap would be $100,000 and has been referred to by many as "immunity" for negligent doctors. Medical Malpractice Attorneys Protect Medicare Patients The proposed legislation would deem doctors treating medicare patients "agents of the state," awarding the same damage capping immunity that all Florida state employees get. But a cap that only affects the recoveries of Medicare insured patients is unconstitutional, as it makes them lesser persons, unworthy of the same compensation as … [Read more...]

A Medical Malpractice Case in Ohio

Keith Theobald was a healthy and fit father of two, until an elderly driver clipped the back of his pick up truck and sent Keith and his car flying over 4 lanes of traffic and into a patch of standing trees. EMT’s quickly arrived at the crash site and found Keith hanging upside down in a tree. He was paralyzed from the chest down. In the hospital, Keith was alert and still had the use of his arms. He and his wife came to terms with his new condition, and were looking ahead to a difficult, but fulfilling life. Keith’s doctors told him that an operation might be able to improve his condition, so Keith underwent the surgery. Keith woke up from … [Read more...]