June 01, 2011 (Press-News.org) An appeals court has recently sided with the Republican-dominated Florida legislature. The court upheld the cap on damages that injured patients can be awarded in medical malpractice cases. Specifically, the cap limits noneconomic damages - pain and suffering - to $500,000 per doctor, as reported by the Miami Herald.
Looking at the issue broadly, the existence of a cap on damages arising out of harm from negligence and medical mistakes effectively discredits pain and suffering. Caps send a clear message: that there is no such thing as pain and suffering in medical malpractice - or, if there is, it's only worth a maximum of $500,000, no matter how grievous the injury.
If you or a member of your family has suffered an injury, contact a Miami medical malpractice lawyer for an evaluation of the facts of the case.
The Florida damages cap law also prescribes bench trials, or judge-only trials, rather than jury trials. As many of you will recall, the right to a trial by jury has been a staple of American law since our nation's founding. A jury is composed of 12 jurors, who deliberate together, and decide the outcome of a case in light of the facts as they were presented and based on the law as instructed by the judge.
It should be within a jury's power to decide whether or not pain and suffering is worth more than $500,000 in medical malpractice cases.
As it happens, the Miami Herald reports that the judge at the trial level (prior to the appeal) had found that Michelle McCall's estate should have been awarded $2 million in noneconomic damages - but felt obligated by law to reduce the amount by half because of the damages cap.
McCall died in 2006 as a result of medical negligence. Malpractice lawyers successfully alleged that both a nurse and a doctor failed to provide adequate care for McCall while she gave birth. Presumably, McCall's estate was awarded $500,000 for each negligent act committed by the nurse and doctor.
On appeal, the court found that doctors and other health care providers were retiring, changing their medical practice, or fleeing the state of Florida because of the rising costs of medical malpractice insurance. Thus, the damages cap would help to reduce the cost.
But this argument has a fatal flaw: it presumes that malpractice insurance premiums rise only because of tort lawyers and their lawsuits on behalf of injured victims of medical mistakes. If that were so, it would also mean that insurance companies would never raise their rates for other reasons, such as a motivation, at bottom, by a desire to turn a profit and pay out as little as possible. It would also mean that the Republican agenda in passing a law providing for a cap on damages and judge-only trials is not as one-sided as it certainly seems. If you've been a victim of doctor, health care provider, or other medical professional negligence, contact our Miami personal injury attorney or visit their website, http://www.ferrerlaw.com, for more information about your legal rights.
No Such Thing as Pain and Suffering in Medical Malpractice
An appeals court has recently sided with the Republican-dominated Florida legislature. The court upheld the cap on damages that injured patients can be awarded in medical malpractice cases.
2011-06-01
ELSE PRESS RELEASES FROM THIS DATE:
Climate change allows invasive weed to outcompete local species
2011-06-01
WEST LAFAYETTE, Ind. - Yellow starthistle already causes millions of dollars in damage to pastures in western states each year, and as climate changes, land managers can expect the problem with that weed and others to escalate.
When exposed to increased carbon dioxide, precipitation, nitrogen and temperature ╨ all expected results of climate change ╨ yellow starthistle in some cases grew to six times its normal size while the other grassland species remained relatively unchanged, according to a Purdue University study published in the early online edition ...
How to Know When to Pursue a Medical Malpractice Claim?
2011-06-01
It is the scenario no patient ever wants to endure: having an illness or injury, going to the hospital only to have the condition worsen because of a doctor's mistake. Unfortunately, thousands of patients across the country unwittingly become part of this vicious cycle. Take the case of Ryan and Leah Jeffers, whose two-year-old daughter nearly died while waiting five hours for care in a Sacramento hospital's emergency room; or the case of Ana Jimenez Salgado, a Los Angeles woman who had both of her breasts removed after she was mistakenly diagnosed with breast cancer.
While ...
Code green: Energy-efficient programming to curb computers' power use
2011-06-01
Soaring energy consumption by ever more powerful computers, data centers and mobile devices has many experts looking to reduce the energy use of these devices. Most projects so far focus on more efficient cooling systems or energy-saving power modes.
A University of Washington project sees a role for programmers to reduce the energy appetite of the ones and zeroes in the code itself. Researchers have created a system, called EnergJ, that reduces energy consumption in simulations by up to 50 percent, and has the potential to cut energy by as much as 90 percent. They will ...
Spartanburg SC Hotel Provides Close Lodging to Navy Vets Attending the 34th Mighty Moo Festival
2011-06-01
Hampton Inn Spartanburg - North I-85, a premier Spartanburg SC hotel, offers nearby accommodations to Navy veterans attending the 34th Mighty Moo Festival in Cowpens, South Carolina. The event will be held June 15-18, 2011. The people of Cowpens celebrate their history and honor the veterans and crewmen of the Navy's USS Cowpens CVL25 and the USS Cowpens CG63. The CVL 25 was a WWII era ship nicknamed "Mighty Moo", and the CG63 is a modern naval vessel. Many veterans and their families return each year to attend the four day festival which includes a golf tournament, ...
'Dead' galaxies aren't so dead after all, U-M researchers find
2011-06-01
ANN ARBOR, Mich.---University of Michigan astronomers examined old galaxies and were surprised to discover that they are still making new stars. The results provide insights into how galaxies evolve with time.
U-M research fellow Alyson Ford and astronomy professor Joel Bregman presented their findings May 31 at a meeting of the Canadian Astronomical Society in London, Ontario.
Using the Wide Field Camera 3 on the Hubble Space Telescope, they saw individual young stars and star clusters in four galaxies that are about 40 million light years away. One light year is about ...
Hotel in Scottsboro Alabama Offers Nearby Lodging to Travelers Attending First Monday
2011-06-01
Hampton Inn & Suites Hotel Scottsboro offers nearby lodging to travelers attending First Monday Trade Weekend in Scottsboro. Upcoming summer trade days will take place on June 4-6, July 2-4 and July 30 - August 1, 2011 at the Jackson County Courthouse Square. This special trading weekend is a fun activity for visitors to Scottsboro.
First Monday in Scottsboro goes back more than 100 years. It began in 1902 as Horse Swapper's Day. After a rather slow beginning, the event was eventually changed to Market Day to give area farmers a place to sell and trade their goods. ...
Stamping out low cost nanodevices
2011-06-01
A simple technique for stamping patterns invisible to the human eye onto a special class of nanomaterials provides a new, cost-effective way to produce novel devices in areas ranging from drug delivery to solar cells.
The technique was developed by Vanderbilt University engineers and described in the cover article of the May issue of the journal Nano Letters.
The new method works with materials that are riddled with tiny voids that give them unique optical, electrical, chemical and mechanical properties. Imagine a stiff, sponge-like material filled with holes that are ...
Smyrna Georgia Hotel Near Cobb Galleria Provides Lodging to Blade Show & International Cutlery Fair Attendees
2011-06-01
Hampton Inn & Suites Atlanta Galleria hotel, a premier Smyrna Georgia Hotel near Vinings, is an ideal place for travelers to stay who are planning to attend the Blade Show & International Cutlery Fair. The event will be held June 10-12, 2011 at Atlanta's Cobb Galleria Centre. It is the world's largest combined show of handmade, factory and antique knives.
The Blade Show and International Cutlery Fair will showcase over 700 tables and nearly 175 factory booths and products. In addition, the event will feature the Blade Magazine Knife of the Year awards, Blade ...
Atlanta Perimeter Hotel Offers Nearby Lodging to Guests Attending The Monkees at Chastain Park Amphitheater
2011-06-01
The Holiday Inn Express & Suites Atlanta Perimeter Hotel North offers convenient lodging to guests attending The Monkees at Chastain Park Amphitheater on Friday June 3, 2011 at 7:00pm. Part of Delta Classic Chastain Concerts presented by Atlanta Symphony Orchestra, The Monkees 45th Anniversary Tour features original group members Davy Jones, Micky Dolenz and Peter Tork. This is a table set-up concert; coolers and carry-ins are allowed.
The Monkees hit singles and television show debuted 45 years ago. Now in concert again for the first time in a decade, The Monkees ...
Storing seeds for a rainy day -- or in this case, a fire
2011-06-01
As mountain pine beetles march across the forests of western North America, these insects may kill millions of pine trees during a single outbreak. A rise in overall temperatures over the past several years has increased the range of mountain pine beetles, resulting in an epidemic and possibly making this mountain pine beetle infestation the largest forest-insect blight to occur in North America.
Dr. Francois Teste and colleagues from the University of Alberta in Canada have been investigating the effect of mountain pine beetle outbreaks on lodgepole pines in British ...
LAST 30 PRESS RELEASES:
KAIST Develops Retinal Therapy to Restore Lost Vision
Adipocyte-hepatocyte signaling mechanism uncovered in endoplasmic reticulum stress response
Mammals were adapting from life in the trees to living on the ground before dinosaur-killing asteroid
Low LDL cholesterol levels linked to reduced risk of dementia
Thickening of the eye’s retina associated with greater risk and severity of postoperative delirium in older patients
Almost one in ten people surveyed report having been harmed by the NHS in the last three years
Enhancing light control with complex frequency excitations
New research finds novel drug target for acute myeloid leukemia, bringing hope for cancer patients
New insight into factors associated with a common disease among dogs and humans
Illuminating single atoms for sustainable propylene production
New study finds Rocky Mountain snow contamination
Study examines lactation in critically ill patients
UVA Engineering Dean Jennifer West earns AIMBE’s 2025 Pierre Galletti Award
Doubling down on metasurfaces
New Cedars-Sinai study shows how specialized diet can improve gut disorders
Making moves and hitting the breaks: Owl journeys surprise researchers in western Montana
PKU Scientists simulate the origin and evolution of the North Atlantic Oscillation
ICRAFT breakthrough: Unlocking A20’s dual role in cancer immunotherapy
How VR technology is changing the game for Alzheimer’s disease
A borrowed bacterial gene allowed some marine diatoms to live on a seaweed diet
Balance between two competing nerve proteins deters symptoms of autism in mice
Use of antifungals in agriculture may increase resistance in an infectious yeast
Awareness grows of cancer risk from alcohol consumption, survey finds
The experts that can outsmart optical illusions
Pregnancy may reduce long COVID risk
Scientists uncover novel immune mechanism in wheat tandem kinase
Three University of Virginia Engineering faculty elected as AAAS Fellows
Unintentional drug overdoses take a toll across the U.S. unequally, study finds
A step toward plant-based gelatin
ECMWF unveils groundbreaking ML tool for enhanced fire prediction
[Press-News.org] No Such Thing as Pain and Suffering in Medical MalpracticeAn appeals court has recently sided with the Republican-dominated Florida legislature. The court upheld the cap on damages that injured patients can be awarded in medical malpractice cases.