Damages Cap Unconstitutional

In Louisiana the cap on Medical Malpractice damages was set at $500,000 in 1975.  Well the Louisiana Supreme Court has recently ruled that that amount ($500,000) in not adequate anymore.  It is too low.

— Louisiana’s $500,000 cap on medical malpractice damages, set in
1975, is unconstitutional because it no longer provides an adequate
remedy to patients, the 3rd Circuit Court of Appeal in Lake Charles has
ruled in a 3-2 decision.

A $500,000 award would be worth about
$160,000 today, the opinion, issued Wednesday, said. The court said
evidence indicates the cap would have to be raised to $1.6 million or
$1.7 million to provide the same protection as it did 31 years ago. 

"In either case, we find the current $500,000 cap fails to provide an
adequate remedy to today’s severely injured plaintiffs, and thus, is
unconstitutional. ," the ruling says.

For the full story please see www.wwltv.com

About these ads

One Response to Damages Cap Unconstitutional

  1. Leeann says:

    This is wonderful news! People in Louisiana have been subjected to poor care because of the $500,000 cap. Physicians and hospitals have consider themselves untouchable. Already an obvious conflict of interest keeps most medical malpractice suits out of LA courts…with a jury of physicians determining if a case has merit. Of course these same physicians have to pay into the insurance company who covers the lawsuits. Total conflict of interest!

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: