Malpractice limit would shortchange injured
The letter from the president of the New York County Medical Society, "Malpractice changes wouldn't cheat injured" [April 3], reflects either insincerity or ignorance, or both.
His letter pertains to Gov. Andrew M. Cuomo's medical malpractice reform proposal, which would limit the amount of recovery for non-economic damages, and refers to the case of a woman "who was allegedly injured by malpractice." The letter writer states that she would still be able to obtain unlimited economic damages to cover her extensive medical needs and lost earnings.
The writer refers to the reform proposal as only limiting "the more speculative non-economic damages." His use of the term "speculative" is quite insincere. The victim of medical malpractice who as a result has sustained a severe adverse health condition -- such as a loss of a limb, eyesight, etc. -- or is severely disabled with respect to the use of a body function, including his or her brain, has sustained more than "speculative" non-economic damage. Such damage, and its causal relation to the malpractice, must be established in a court of law by competent evidence. Belittling non-economic damages by use of the term "speculative" shows a gross lack of respect for others.
The writer proceeds to say that "since most lawsuits have multiple defendants, the real limit (for non-economic damages) is many times $250,000." That is highly inaccurate and insincere.
The number of defendants in a lawsuit would never be allowed to determine the limit of the award for such damages. The limit would be as many as those who are, in fact, found responsible by reason of medical malpractice.
Further, a determination would be made at the trial of each defendant's percentage of responsibility, which would also limit the award. The percentage of responsibility for each such defendant would usually be less than 100 percent.
The writer's assumption that the $250,000 proposed limit would be multiplied by the number of defendants is absurd.
Robert Wilson, West Islip
Editor's note: The writer is a lawyer specializing in personal injury cases.
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