Study Reveals Caps On Medical Malpractice Lawsuits Harm Victims Of Medical Mistakes
A recent story chronicled the events surrounds Schelly Sanders, a woman who went into an Ohio hospital for a simple procedure but suffered a serious injury as the result of a medical mistake. Sanders had seen a physician to have her fallopian tubes tied, but he committed a medical error and punctured two holes in her bladder.
As the result of the medical malpractice, she developed sepsis - a severe infection – that caused her to lose all muscle control for several months. After months of rehabilitation she was left with chronic pain and permanent personal injuries. Sanders settled her case but subsequently died earlier this year as the result of cancer, attributed to excessive exposure to x-rays. Her death came at the same time as a new study in the New England Journal of Medicine revealed the challenges for some victims of medical errors to recoup damages for medical harm where caps exist.
According to the study, many malpractice claims are dropped without payment with the majority of doctors who make mistakes not having to pay at any point in their careers. If you have been harmed as the result of medical malpractice, it is important to speak to a knowledgeable Hawaii injury attorney who understands medical malpractice laws and can fight to ensure you receive the compensation you are entitled to.
The study also provides evidence contradicting claims that caps lower malpractice insurance rates. Citing an American Association for Justice study, statistics reveal that caps only benefit insurance companies who “profit in states with caps, while doctors’ malpractice and patients’ health insurance premiums continue to increase.”
Rather than focusing on caps, focus should be placed on preventing medical errors.
If you believe you or a loved one has been harmed by a medical error, contact the experienced Hawaii Medical malpractice lawyers at Bostwick & Peterson, LLP to protect your rights and determine your next steps.


