In recent years, many states have passed legislation limiting the amount of recovery in medical malpractice cases. One primary purpose behind these caps is to lower medical malpractice insurance premiums. Unfortunately, damage caps neither reduce malpractice premiums nor prevent premium increases. In addition, damage caps neither lower consumer health care costs nor prevent frivolous litigation. Even worse, damage caps prevent victims of malpractice from being fully compensated for damages they received as a result of another's negligence. Not only are damage caps incapable of effecting tort reform, but they have a catastrophic effect on those victims, who receive unfair and inadequate compensation for life- changing losses. This article demonstrates that a more effective means to reduce medical malpractice insurance premiums is through insurance reform.
Northern Illinois University Law Review
Salvi, Patrick A.
"Why Medical Malpractice Caps are Wrong,"
Northern Illinois University Law Review: Vol. 26:
3, Article 8.
Patrick A. Salvi, Why Medical Malpractice Caps are Wrong, 26 N. Ill. U. L. Rev. 553 (2006).