Jessica's family's lawyer opposes medical mal. cap - page 2

Before Congress, Santillans' lawyer blasts malpractice award caps By Kyle Stock : The Herald-Sun Washington bureau Feb 27, 2003 : 7:14 pm ET WASHINGTON -- The lawyer for the 17-year-old... Read More

  1. by   TheBrainMusher
    This debate could go so many ways ... I do agree with the point that they are still aliens and did not pay for medical care. Yet they have a right to use all resources as a citizen, INCLUDING our judical system? Fishy ....

    For the capping the medical lawsuits ... I agree and disagree, situation depending, but one thing is sure. Healthcare is the only profession you can get sued when it will effect the patient's health and living. If my father died from a medical mistake, I would want more than $250K only for the fact taht now, one of my family's breadwinners is gone. How could a mother take care of her three children and household through college for $250K (which by the time she actually would see the money would have depreciated, plus she would only get 2/3 of that of which part of THAT money would be taxed). Doesn't sound fair to me from that aspect ... Yes life insurance would be great, but mistakes happen ... and not everyone can afford life insurance or at least HUGE policies. JMO!
  2. by   Tilleycs
    I agree, trial lawyers all over this area started salivating once they transplanted the wrong organs. If the lawyer stands to make a fortune, of COURSE he's going to encourage his clients to sue, and of COURSE he's going to lobby Congress to not put a cap on the reward...so he can make a fortune.

    Anyone want to bet on the odds of them going back to Mexico if they're awarded millions of American dollars?
  3. by   Heather333
    I'm not suprised. Like I said, I was waiting for the lawsuit to be filed.

    Heather
  4. by   oramar
    The very first step will be to cap lawsuits by people from outside the country. Does not mean you can not sue for actual damages. Just no 60 million for coffee in the lap.
  5. by   MarnnaRN
    Mshheadoc, if I read the article right, it said it woulnd't cap for the breadwinners, so your mom would be eligible for more than the 250K. God forbid anything like that happen. And if the Santillans aren't going to sue, why do they have a lawyer fighting to not cap?
  6. by   NurseDennie
    Originally posted by Mshheaddoc
    For the capping the medical lawsuits ... I agree and disagree, situation depending, but one thing is sure. ....

    If my father died from a medical mistake, I would want more than $250K only for the fact taht now, one of my family's breadwinners is gone. Doesn't sound fair to me from that aspect ... Yes life insurance would be great, but mistakes happen ... and not everyone can afford life insurance or at least HUGE policies. JMO!
    Hi - Just dropping in because this seems to be kind of a common misconception. The cap they're talking about is not capping costs or lost wages or things like that. People who were injured so that they will need extra special care the rest of their lives would still be able to be awarded millions of dollars for their care, and also for lost wages of a breadwinner, etc.

    It's the "pain and suffering" amounts that would be capped. And I think I have to say that I agree with this. If you're compensated for tangible things like that, then I think that a quarter of a MILLION dollars is pretty reasonable for pain and suffering. There has to be a limit and that just doesn't sound bad to me.

    Love

    Dennie
  7. by   LauraF, RN
    I too am sorry that Jessica died. It was a horrible mistake. But it was a mistake from a very highly trained, respectible person. I think caps are a good thing. Actually I hate the malpractice thing to begin with because they should only be used to get someone who doesn't know what the heck they are doing out of practice. Not the good guys. I am sure the doctor at Duke has saved thousands of lives. Malpractice should only be used for people who are incompetant not people who make a mistake. I know he can't bring her back. But I don't think he is incomptetant.
  8. by   Q.
    Originally posted by NurseDennie
    It's the "pain and suffering" amounts that would be capped. And I think I have to say that I agree with this. If you're compensated for tangible things like that, then I think that a quarter of a MILLION dollars is pretty reasonable for pain and suffering. There has to be a limit and that just doesn't sound bad to me.

    Love

    Dennie
    Wonderful post Dennie and Hidy Ho!

    I agree with the 250K cap for pain and suffering as well. Enough is enough already!
    And of course their lawyer would oppose such cap. Doesn't he get 15% of all winnings? Sounds like less for him, imo.
  9. by   P_RN
    I believe in our state it is 33% PLUS costs...which REALLY add up!
    Many times the lawyer gets much more than the client.
  10. by   wv_nurse 2003
    Originally posted by P_RN (quote)
    "I believe in our state it is 33% PLUS costs...which REALLY add up!
    Many times the lawyer gets much more than the client"

    Ohhhhh--that makes my stomach turn!
  11. by   Q.
    Which is why I'm all in favor for this cap Bush is proposing. All those exorbant amounts of cash do is line the pockets of the insurance companies for premium dollars and the lawyers pockets - it has less to do with compensation for any injuries. Totally adds to the healthcare problem. Which is why I'm shocked that the article mentioned key Democrats opposing the cap? I mean, haven't they been mentioning how much everything is costing lately? You'd think they'd agree with this.
  12. by   nimbex
    Hey, let the family sue, then if a jury allots a cash settlement, Duke University can sue and recoup their costs .
  13. by   nimbex
    sorry Dukes costs for all the health care.

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