Medical Malpractice Attorneys Continue Discussion About Tort Reform

Patients and doctors have a special relationship and there is a certain element of trust. Patients trust their doctors to perform the proper tests and procedures in order to provide adequate and reasonable healthcare. Many people believe that tort reform is necessary to lower the potential healthcare costs, but medical malpractice attorneys fear that reducing the amount of compensation due to plaintiffs in some cases may be putting too much trust in these doctors. Sure, healthcare costs are exceedingly high in this country. However, by reducing medical malpractice awards through a cap system, people may be forgetting that there is a human … [Read more...]

Medical Malpractice Attorneys and Judge Fight Caps on Damages

Circuit Judge, Ronald Wilson, joined the West Virginia Supreme Court on a temporary basis to hear a challenge to the state's law which capped non economic medical malpractice damages. Medical malpractice attorneys say that Wilson, although his position was not a majority among the court, acted as a strong advocate for victims of medical negligence who may seek damages. Some argue that non-economic damages, such as pain and suffering, are frivolous and should not exceed a certain amount for victims and their families. Wilson combated this argument by saying, "spend a day in their shoes if you think mental pain and loss of enjoyment are … [Read more...]