$250,000 cap on malpractice suits

[niteshiftnurse]

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 close their doors or curtail high-risk oerations. Those opposed say the bill unfairly limits awards to victims of medical errors. They say there is no evidence caps will reduce malpractice premiums.

I personally don't think there should be a cap, as each case should be based on its own merit.

And your opinion is......................................

[coffeehound]

Is it different in Fl than here in CA? I thought that the $250K cap DID apply to pain and suffering only NOT medical bills or punitive damages? Am I completely wrong (wouldn't be the first time)?

I fully support a cap on pain and suffering awards. I do not think it will solve the problem, but we need to do something.

[Vsummer1]

Originally posted by 3rdShiftGuy

However, where I'm torn is those injuries that cause permanent disability and the person is going to need care for the rest of his life. They will need more than 250,000.

Perhaps a case by case basis is best, but multi-million dollar awards are not appropriate all the time either.

The cap only applies to the "pain and suffering" award. The patient will still be covered for the care they need. The 250K is above and beyond all medical needs.

[dana d]

My heart does not bleed for the insurance companys or the attorneys. Yes, Yes, Yes their needs to be a cap. I agree with Zee RN, huge law suits will not stop medical errors. A law suit will not even bring back a child. Insurance co. and attorneys are raking in the money and using pitty and ignorance to accomplish it. If people don't agree and start supporting a cap, soon they will be after hospitals, and nurses. Where will that leave the general public. There just isn't anything like cutting off your nose to spite your face!!

[Tweety, BSN, RN]

Originally posted by Vsummer1

The cap only applies to the "pain and suffering" award. The patient will still be covered for the care they need. The 250K is above and beyond all medical needs.

Then I'm all for it. Thanks for the clarification.

[canoehead, BSN, RN]

I'm all for a cap but if the case has enough merit that the maximum is awarded I think that the doc in question should be barred from practicing medicine for a year as part of the deal. This should be in addition to any supervision or penalties that the medical board feels is necessary.

[tonchitoRN]

another thing to remember is that most cases are settled, so even if the md or hospital staff thinks they are not guilty they do not have the opportunity to prove it. it goes on your record and you never have your chance in court.

in school i am appalled about the cases i read in the text books. many of those seem frivoulous. nurses being held accountable for cases that were probably not their fault. one case that stands out in my mind is a nurse working in ob reported post partum bleeding to the md. the md said it was normal. 3 calls later nothing was done and the pt. eventually hemorraged and died. heartbreaking, yes. but it looks like the nurse did try to do something. the court said she did not do enough, she should have called someone else.

another case a nurse was floated to ob. she put in writing that she had NO ob experience and was not qualified to work there. as you know floating policy goes if you don't go be prepared to fight for your job. as luck would have it she had a pt. who had problems in labor. despite documenting her inteventions and the interventions of the experienced ob nurses she was still held accountable when the baby was born w/ problems. the court said she was being held just as accountable as an experienced ob nurse.

go figure.

[redshiloh]

When a person ends up with a spinal cord injury as a result of medical malpractice the cost of care can run 5-6K a month. 250K is not going to go far in those situations. SCI patients end up on the street.

[fergus51]

I am all for a cap on pain and suffering. I am sick of how we see dollar signs with every tragedy. Obvisoulsy the awards can be larger for patients medical needs after malpractice causes them disability.

[Zee_RN, BSN, RN]

redshiloh, the $250,000 cap is NOT a cap on the cost of care but on the pain-and-suffering award. The cost of care would be covered, as previously stated.

[mark_LD_RN]

it is definitely a good idea:)

[JBudd, MSN]

That said, I agre about the nuisance suits--we all remember that woman at McDonald's and the hot coffee. How about a little responsibility on the part of the consumer (realize I am ranting about other liabilities, not malpractice, but the principles are the same). If Mr. so and so is noncompliant and education and refusal to comply is documented--he has no case. If mrs. xyz is told she needs a cardiac cath d/t abc reasons and she refuses...document and move on. She shouldn't be able to get to court w/ a case. Perhaps a combo of ins. reform and tort reform is needed. [/b]

I totally agree about nuisance suits, but just thought I'd throw in about the lady at McDonalds: it required multiple skin grafts to put her thighs back together. Coffee should not be hot enough to scald multiple layers of skin off!

I think there should be caps where there is no permanent physical damage.

[Rapheal]

I think that all states need a cap on these claims. The reason I spend so much time documenting every little tiny thing- is because of my instituations need to have a legal record for these types of claims. It has gotten out of hand. There is way too much time devoted to charting for protection that I wish I could use to provide better, more detailed care for my patients.