Did you know that payments for medical negligence matters were the most in New York than any other state in the country last year? Moreover, the difference was huge.
According to The Washington Post, medical negligence cases totaled approximately $690 million in state damages in 2013. This was almost double the amount of Pennsylvania, which had the second-highest payouts at only $357 million. The state is also strong in per capita payments, averaging almost $40 per resident. Using government data and records, a member of Diedrich Healthcare compiled the information.
Each year, many state governments address the issue of medical malpractice awards. These legal matters have created ample controversy among legislators. For example, some policy makers feel as though large payouts are contributing to growing insurance rates, thus making it hard to work in the medical field. On the other hand, some note that medical negligence suits help protect patients.
The issue concerning medical practice caps is a national one. For example, the Florida Supreme Court recently said the legislature created an “alleged medical malpractice crisis” and eliminated caps on payouts in some wrongful death lawsuits. Furthermore, industry groups and lawyers in California are starting a petition in an effort to increase the limit on the state’s ballot.
In approximately nine states, medical malpractice caps have been struck down, according to an insurance association. Moreover, the American College of Emergency Physicians notes that only 15 states do not have monetary limits. At this time, New York does not have a medical negligence payout cap.
Regardless of where you stand on the issue — caps or no caps — New York is unique in that it is one state with no limitations. For now, this may be a good thing for current victims of medical negligence, as each matter is assessed on a case-by-case basis. Every operation is different, as well as ever harmed victim.
In the meantime, if you recently suffered an injury as a result of a medical error, it may be beneficial to speak with an attorney. As the law stands, you have an opportunity to recover a large amount, depending on the severity of your case and the facts of the medical event.
To learn more about what recovery is available after a medical accident, speak to a personal injury law attorney. As a patient, you should be able to trust your medical professional. When he or she does not follow appropriate medical standards and you consequently suffer from such negligent practice, the provider should be held liable for your harm.