Client Testimonials

Constantly Helps Those Around Him

John is knowledgeable and experienced but more than that he is a good human. He helps those around him on a consist basis, offering lawyers advice, giving of himself and his office.…...Read More

A Top Notch Choice For Legal Representation

I have owed Attorney Fisher this 5 star review for some time now and am finally getting to it. I am a young Attorney in CT and I learned about Attorney Fisher…...Read More

Knowledgable, Compassionate, and Caring

I recently contacted Attorney Fisher to discuss a potential medical malpractice claim. Like most when calling an Attorney I had hundreds of questions and needed answers. Attorney Fisher was both kind and…...Read More

A Gift To Other Attorneys

What thorough, practical, real world, business development information he has provided for you in his books entitled The Power of a System and The Law Firm of Your Dreams. He really gets…...Read More

No Other Attorney I Would Rather Work With

John Fisher is extremely knowledgeable and an incredible person. There is no other attorney I would rather work with, or trust to handle something as important as a medical malpractice case....Read More

Defining Medical Malpractice Caps To Better Understand Them

Laws

There has been a lot in the news about medical malpractice caps. This is because the new health are legislation is focusing on these medical malpractice caps to allegedly lower healthcare costs. That won’t work. But these caps have been the focus of a lot of news lately and have been very common. Recently Wisconsin found that the medical malpractice cap was unconstitutional and awarded a victim her just compensation. Other states have also found medical malpractice caps illegal.

But what are these medical malpractice caps?

Medical malpractice caps are caps on noneconomic damages. These are damages such as pain and suffering. This can be past pain and suffering and future pain and suffering. These are damages from the emotional harm.

Medical malpractice caps seek to limit the amount of compensation that can be earned from noneconomic or pain and suffering. But in the Wisconsin case, the victim there lost all four limbs. The pain and suffering must have been tremendous. Yet they want to cap that medical malpractice. How horrible and unjust!

No matter what, none of the medical malpractice caps are for economic damages thus far. These are damages caused such as medical bills, lost wages from work, lost earnings from not being able to perform the same job, and other economic damages which can be calculated. Only the noneconomic or pain and suffering is capped.

Thus, medical malpractice victims are being limited in what pain they can seek compensation for. Said differently, victims of medical malpractice cannot receive compensation for the harm done to them by a doctor. So a doctor or healthcare provider can maul a patient and cause tortuous harm and pain, but that is limited. Whereas the lost time from work is compensable.

That makes no sense!

Victims should be able to recover compensation for their pain and suffering. They should be able to heal with interference and receive compensation to help them heal. It shouldn’t be victims that are capped to compensation, but defendant healthcare providers capped to salary for causing massive medical malpractice.