There has been a push in some legal and political circles to cap damages for medical malpractice cases. Usually when this is discussed, some anecdotal story is brought up about some minor injury and a multi-million dollar award. However, these misleading anecdotes do not tell the whole story. The judgments that medical malpractice lawyers get work to serve the community in several ways that, when caps are utilized, are greatly diminished in value. Attorneys help victims regain some semblance of their life, and usually a modest sum to compensate the victims. Damage caps are destructive to our legal system.
What Damage Caps Do
Those anecdotes you hear are often about some “frivolous” injury and a multi-million dollar award. Usually, these anecdotes are urban legends and are far from the truth. Juries are assigned with the task of fixing damages based on a number of factors, including the projected cost of continued medical care. When caps are utilized, medical malpractice lawyers can still win a judgment, but it is more likely that the judgment is not going to be enough to cover the victim’s medical costs. When the victim cannot pay their medical bills, the government will have to step in and help, help that is subsidized by taxpayers. Why should victims of medical malpractice and citizens have to bear the burden of “fixing the system” in favor of insurance companies and doctors?
Furthermore, what damage caps do is artificially allow bad doctors to stay in business and hurt other people. If damage caps are not utilized, attorneys will win judgments that compensate their clients, which are typically paid out by the doctor’s insurance company. When you lose a medical malpractice case, your medical malpractice insurance premium will increase and some of the worst doctors will be forced out of practice. However, with the caps in place, the consequences for practicing bad medicine are greatly lowered, and many of these dangerous doctors are still practicing.
Medical Malpractice Lawyers in New Jersey and Philadelphia
If you or a family member have recently undergone a surgery, and have been the victim of medical malpractice or negligence, you should contact the Mininno Law Office. You and your family deserve compensation for your injuries. Please call our experienced professionals at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia for a free case evaluation and consultation.


McLean and Dirnberger, the plaintiffs, claim that Eldercare’s neglect led to the extreme pain that was inflicted due to the bed sores. Bed sore attorneys also believe that the plaintiffs will argue that the defendants have violated the Illinois’ Nursing Home Care Act because of their failure to properly recognize and treat a man who was so clearly in need of assistance. The complaint also alleges that the defendants failed to properly care for McLean’s sores, also known as decubitus ulcers, which arose on several parts of the man’s body. Professionals say that there may be a claim because it appears that these employees were not properly caring for the pressure ulcers. They also argue that the defendants may be liable for their failure to properly train staff to adequately monitor patients in need. Although the outcome will be decided by a jury down the road, bed sore attorneys urge victims to seek help from their families or any healthcare provider because these sores can be extremely detrimental to a person’s health.
An infant’s face and skull form within the womb during the first trimester. Normally, the tissues that make up the hard palate (roof of the mouth) and the lip fuse together. When they do not, a hole or opening forms. This hole/opening is known as a cleft.
Birth Injuries that commonly occur include Cerebral Palsy, Erb’s Palsy, face paralysis, bruises and swelling, Shoulder Dystocia, and brain damage. These injuries are generally brought on by oxygen deprivation and doctor error. Oxygen deprivation is commonly caused by umbilical cord compression, the improper insertion of an oxygen tube, Meconium Aspiration Syndrome (the baby inahles it’s own fecal matter or amniotic fluid), or excessive time spent in the birth canal.
Dr. Levine had long been accused of sexually abusing of his male patients, but always maintained his innocence. But not long ago, men began to come forward, describing incidents where they had seen Dr. Levine as children and been molested in his office. Some spoke of fondling during routine check-ups, and others even claim that Dr. Levine performed oral sex on them.
Two nights before President Obama’s State of the Union Address, Republican Phil Gingrey introduced a bill to the House that would severely limit the amount of compensation that victims of medical malpractice could receive. What’s a bit more interesting is who Phil Gingrey was before he sponsored a tort reform bill.
A Gag Order is a legal term used to describe an order issued by a judge that prohibits the release of information concerning a legal matter to the public, for fear that such an action may prejudice or influence a trial’s outcome. Lately, medical providers have been issuing their own kind of gag order, prohibiting their patients from utilizing physician rating websites to rate the treatment they received, or the experience they had. And while