$250,000 cap on malpractice suits - page 3
What is your opinion on limiting malpractice awards in Florida. Supporters of caps contend huge malpractice awards by juries are driving up malpractice insurance premiums, forcing some doctors to... Read More
Apr 17, '03tiger, it was a NV lawyer whom argued to me that there was no relation between cost of liabilty insurance and the claims made against insurance companies. It was a NV lawyer who aruged that caps were unduely unfair and made the arguements that I previously mentioned.
I had the uncomfortable task to evaluate his delivery. I was not to debate his arguement but to evaluate only the delivery of it. I could not help saying that though I was prejudiced about the topic, I felt that although it is often best to present both sides to strengthen one's position that in this particular case it was what he did not say that made his arguement most effective. He apealed to our sense of "what this country was founded on" he used examples that involved modest awards by the court and were clearly not frivilous. He did not insult our intelligence by exagerating plaintiff losses.
However, I found him way off base when I considered what was not said. It was a good arguement, up to the point where he insulted the medical profession as being incapable of acting ethically without a lawyer and jury willing to impose unlimited restraint in acting against a physician.