Thursday, December 25, 2003

Malpractice Caps hurt children and elderly

Children and the elderly do not have economic damages, things like lost wages or lost wage-earning capacity. Ten-month-old children, and 80-year-old nursing home residents do not work. If a child or nursing home resident dies as a result of medical negligence, the only measure of damages available to them are non-economic damages, things like pain and suffering and mental anguish. Texas has enacted a new law that caps non-economic damages which will significantly prejudice the ability of children and the elderly to receive fair compensation for their injuries and/or wrongful deaths.
The new law, effective Sept. 1, caps non-economic damages at $750,000.

No comments: