Malpractice Lawsuits

I was reading an article in the Sunday Journal Star on a topic which really irritates me. If you click on the title link, you can read an article similar to it.

A law has been passed by our great state which puts a $500,000 cap on medical malpractice lawsuits against a Dr. Fortunately, this does not apply to me because my injury occurred before 2005.

Here is a clip from the article: Two previous caps on damages have been deemed unconstitutional by the state Supreme Court -- the last time in 1997 as part of a broader reform law that covered wrongful death and personal injury cases. The court said the law was illegal special legislation and legislators infringed on the judiciary's power to reduce unfair damage awards.

Cap advocates say this time should be different, partly because the latest caps only cover malpractice cases.

Trial lawyers, including LeBron's team, argue the caps still violate victims' constitutional rights to due process and equal protection by limiting what they can receive for their pain and suffering. I agree whole hardily! It further violates the victims when this cap is in place. A jury of your peers should get to decide.