Healthcare Malpractice Limits and Dependent Victims: Discussion by a New Jersey Healthcare Malpractice Attorney

Healthcare malpractice “damages caps” have not been successful in any State where they have been implemented in resolving the fictitious “healthcare malpractice insurance crisis.” Of course, fixing something that does not exist is impossible. Greedy insurance company corporations have stoked the situation by blaming those harmed and their legal representatives instead of the substandard physicians, nurses, and hospitals that should be the center of attention to capitalize on Americans’ concerns about not receiving “adequate medical care.” Read on to learn from New Jersey injury lawyers at Sattiraju & Tharney, LLP.

Finding a lawyer who can fight a healthcare malpractice claim for a worthy victim is becoming increasingly difficult due to healthcare malpractice insurance companies’ efforts to mislead the public and legislators, which are partially successful.

One of the most expensive types of lawsuits for a law firm to file is one for healthcare malpractice. In addition to several thousand or even hundreds of millions of dollars in expert and record fees for the target law firm, many lawsuits require tens of thousands of dollars in attorney, paralegal, and associate time to battle and win. The risk for such businesses is substantial because attorneys must battle these matters on a “contingent” basis, where the cost for the firm only becomes due in the case of success.

 Healthcare malpractice caps effectively indicate that every law firm that accepts a healthcare malpractice case in an authority where such caps are in place is doing so on a “charity” basis because regardless of whether the company wins, the sum of money and time it requires to win is so prohibitively expensive that whatever fee the firm earns is insignificant in comparison to the work done.

 The reality is that “caps,” far from being a solution to an inexistent problem, are a “lock” on the door of most law firms that would not have been able to assist those in need. This reality affects women who lose the capacity to carry kids, households of loved ones who are lost, and people who become permanently disabled due to medical negligence.

 Caps are false because there is no “crisis” in healthcare malpractice insurance. The tragedy is that because insurance companies lie so frequently, loudly, and effectively, they have not only succeeded in persuading the American public that there is a problem but also in persuading hospitals and medical professionals that there is a problem. As a result, these professionals have unwittingly turned against the interests of their patients in receiving high-quality healthcare.

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