I came across a thoughtful blog post concerning an Indiana medical malpractice verdict that was overruled by the state’s medical malpractice caps statute. The issues presented by the author are worth pondering. The case involved a misdiagnosis of colon cancer which resulted in the death of a relatively young man, Jeffrey Davis.
“Here is what tort reform has done in this case. It has barred Mr. Davis from receiving a verdict that a jury of his peers deemed just. It has barred a group of jurors in Indiana from having their voices acknowledged. It has barred his health insurance carrier from being adequately reimbursed. It diminishes the deterrence factor of having to be accountable for your actions because doctors and medical providers will be protected the most when they commit the most egregious of errors. And most importantly it keeps money in the pockets of insurance companies rather than victims.”
In sum, this is the result of a legislature restricting the rights of its citizens to seek and find justice. It’s also an encroachment of one branch of government upon another-namely the legislative over the judicial.
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