4 ms·

There are two kinds of damages in a lawsuit, punitive and compensatory. Compensatory damages compensate for the actual wrong that was done and any corrective ac

by viggity 13y ago

There are two kinds of damages in a lawsuit, punitive and compensatory. Compensatory damages compensate for the actual wrong that was done and any corrective action needed (i.e. additional surgeries, physical therapy, lost wages, etc). Punitive damages are put in place as a punishment and to hopefully ensure that doctors/engineers/professionals are take more precaution when conducting their business. It is my understanding that the 250K cap is on punitive damages only (at least in most states). I'm sorry that your wife was wronged and 250K does sound low to me, but the cap is there in general to prevent a runaway jury from awarding outlandish sums ($10-100 million) to punish a single person, because ultimately society in general pays that $10-100 million in the form of more expensive goods and services.

wehadfun 13y ago
I think society pays a higher cost by keeping these bozos around.
- talmand 13y ago
  Why? Because they made one mistake that affected this one couple? I can't imagine the pain they have but it sadly doesn't affect society much in of itself. Cases of extremely high damages affects other doctors who didn't make such mistakes, which in turn affects their own patients. Runaway punitive damages affect society more than you may think, but you have to consider areas outside the medical field as well. Tort reform is necessary in lots of ways but I would agree the $250,000 cap is a problem. If the cap is on punitive damages only then I would imagine a lawsuit would have taken the future medical expenses into account when deciding the payout. But since there's no potential huge punitive damages payout then apparently no lawyer is interested in taking on the case. Seems to me that a great deal of the system falling apart failed this couple, not just some BS tort reform law.
  - wehadfun 13y ago
    Cases of extremely high damages prevent doctors like this from making the same mistake twice (by putting them out of business). Do you really think it is good for society if doctors can screw up with no penalty. If a pilot made mistakes this stupid they would be unemployed or dead. Other cost: More strain on her community's local medical resources Less kids growing up in what could be a positive household

by viggity 13y ago

wehadfun 13y ago

I think society pays a higher cost by keeping these bozos around.

talmand 13y ago
Why? Because they made one mistake that affected this one couple? I can't imagine the pain they have but it sadly doesn't affect society much in of itself. Cases of extremely high damages affects other doctors who didn't make such mistakes, which in turn affects their own patients. Runaway punitive damages affect society more than you may think, but you have to consider areas outside the medical field as well. Tort reform is necessary in lots of ways but I would agree the $250,000 cap is a problem. If the cap is on punitive damages only then I would imagine a lawsuit would have taken the future medical expenses into account when deciding the payout. But since there's no potential huge punitive damages payout then apparently no lawyer is interested in taking on the case. Seems to me that a great deal of the system falling apart failed this couple, not just some BS tort reform law.
- wehadfun 13y ago
  Cases of extremely high damages prevent doctors like this from making the same mistake twice (by putting them out of business). Do you really think it is good for society if doctors can screw up with no penalty. If a pilot made mistakes this stupid they would be unemployed or dead. Other cost: More strain on her community's local medical resources Less kids growing up in what could be a positive household