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Constitutionality of Medical Malpractice Damage Caps
Recently, former Dallas Cowboys’ running back Ron Springs went to the hospital to get a tiny arm cyst removed and wound up in a coma. A simple procedure resulting in a disproportionately major injury can point to medical malpractice. Investigators are currently looking into Ron’s case to find out exactly what went wrong.
A problem that Ron’s lawyers are encountering is Texas’s current cap of $250,000 on awards for pain and suffering. This cap was enacted by the Legislature after the success of California’s similar cap, called MICRA. Insurance and medical companies, along with “big-business” politicians, have succeeded in enacting these caps in many states. Some argue that their aim is to protect the profits of medical companies, while others argue that the caps will keep physicians healing without worrying about potentially huge liability.
However, there have been some recent court decisions, such as one in Georgia, that have overruled the caps, holding them to be unconstitutional. The basic reasoning is that most state constitutions guarantee the right to a trial by jury. At least in theory, the government is supposed to make the law, and the jury is supposed to analyze the facts to see if the law has been broken. Then, based on “how much” the law was broken, the jury is given the freedom to award the amount of money that they think is fair. A jury is thought of as a part of democracy.
The judge can always reduce the jury’s verdict, because she or he may have superior legal knowledge. However, as the argument goes, the government or a judge should not be able to limit the jury’s decision before even hearing the facts of the case. Some states, such as Florida, grant the judge the discretion to ignore the caps when injustice would otherwise occur.
Ron Springs’ family members attest that he is aware of pain. As his days of pain continue, a cap of $250,000 could arguably be reached after a month or so.
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