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Damage caps held unconstitutional.

Peter J. Bartinik, Jr.
Civil Trial Attorney, Practicing Law in Connecticut

Blog Category:
3/27/2015
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In Connecticut, there are no damage caps in medical malpractice cases.  We are lucky because damage caps exist in many states.  Recently, however, the Florida Supreme Court found that they were unconstitutional in Florida.  You can click on the title to this blog to see an article from the American Bar Association.

Damage caps are arbitrary limits on damages.  They are arbitrary because they have no relation to the actual damages suffered by the victime. They effectively deprive a person of fair compensation--the amount that exceeds the cap.  They force society in general to absorb the cost of the harm (life long medical care or life long suffering) because those who are seriously harmed will be forced to rely on welfare or governemnt aid like Medicaid if they don't receive the fair compensation they are entitled to from the person or company that caused them the harm.  

In Connecticut, while there are no damage caps in medical malpractice cases, there are restrictions that apply to medical malpratice cases that don't apply to other types of cases.  Before a lawyer is permitted to bring a medical malpractice case the lawyer must obain a written signed opinion from a doctor affirming that medical malpractice has occurred.  Then the lawyer must certify that such an opinion letter is in his file.  After that, a case for medical malpractice cannot be proven unless other doctors come to Court to testify that malpractice has occurred.

If you or anyone you know believes they have been a victim of medical malpractice, and have suffered a serious injury as a result then contact The Bartinik Law Firm, P.C. at 860-445-8521 or toll free at 888-717-4211.  We handle cases all over Connecticut.  



Category: General

Labels: damages

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