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Medical Malpractice Cap

Well the debate is clear, should the United States government impose a $250,000 cap on medical malpractice claims? The answer however, is what is not clear. For my part in the group presentation I argued there should be no medical malpractice cap. I don’t think that any one person, or governmental body, should be able to put a price on human life. Every case is different, and every story has two sides, so how can a cap be put in place before a jury or judge even hears the victim’s story? This, among other reasons, is why I believe no nationwide cap should be placed on medical malpractice claims.

When you think about George W. Bush and the United States government putting a $250,000 cap on medical malpractice claims, ask yourself a few questions first. Is $250,000 enough compensation to live with 25, 30 or 50 years of pain or disfigurement? Is $250,000 enough compensation for lifetime confinement to a wheel chair? Or how about not being able to bear children, is $250,000 a fair amount of compensation for such a devastatingly emotional void? I personally don’t think any of these life-altering situations deserve to have a dollar amount placed on them.

How is this for a statistic? To a 20 year old surviving winner of a med


The main argument for a malpractice cap is that fact that doctor’s insurance premiums are so high that many doctors are being forced out of practice. However, I found some astounding numbers that may suggest that doctor’s premiums may pay for things other than just their malpractice coverage, like the insurance companies CEO’s (chief executive officer) for one.

The CEO for the leading medical malpractice insurance company, St. Paul Companies, Jay S. Fisherman, received $9,767,985 in 2001. His income for one year is 39 times the capped amount that could go to a survivor of medical malpractice to compensate him for a lifetime of pain and suffering or even death. He would have to work a mere ten days out of a year to equal the proposed amount of $250,000. After seeing these numbers, maybe the doctor’s should be reconsider why their premiums are so high. Are they really to cover themselves in case they commit a mistake, or are they paying their insurance companies CEO’s salary?

According to the federal government’s National Practitioner Date Bank (NPDB), the median malpractice payment by a physician to a patient rose 35 percent from 1997 to 2001, from $100,000 to $135,000. By contrast, date from Jury Verdict Research (JVR), a private research firm, shows that awards rose 100 pe

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Approximate Word count = 876
Approximate Pages = 4 (250 words per page double spaced)


  

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