Medical Malpractice Caps

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Traci Dunaway
Dr. Tilly
English 111340
23 October 2012

Caps on Medical Malpractice Suits
Medical malpractice cases have been on a steady rise. Malpractice has affected most of the United States resulting in an increase on insurance premiums for physicians and a decrease in important specialist. Medical malpractice cap reforms have been adopted by several states across America due to these increases and decreases. Malpractice caps should not be put on medical malpractice cases because the caps cover up the real problem of patient neglect, injury, and being able to get better health care. Instead of coming up with solutions in America to reduce medical malpractice and neglect, the physicians are given a slap on the wrist and allowed to continue practicing in the same field of medicine that the malpractice was in.

Joan Butsko went to a doctor for a routine mammogram where a doctor missed a malignant lump. The missed lump allowed cancer to go into a stage of untreatable cancer. Butsko lives every day now knowing that she will probably die and that the cancer could have been treated if caught sooner (Schmitt).

In 1999 at a Hospital in New York, an infant suffered brain damage due to the neglect of a resident doctor. Gaelle Prindilus, now a woman, suffered brain damage that could have well been prevented if the doctor would have practiced a more precise, caring, and professionalism. At Harlem Hospital in New York Prindilus’s mother went to see a physician for pregnancy care. The hospital failed to do a sonogram for the pregnant mother which resulted in Prindilus being born with brain damage. The sonogram could have prevented this brain damage by showing earlier that the umbilical cord was tied around the neck of Prindilus (Emery).

In the case of Butsko there was a medical malpractice suit filed by Butsko and the attorneys. In the end, Butsko was awarded only $250,000 (Schmitt). The award may seem nice but after paying for attorney fees and expenses...
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