Tort reform hurts claimants. Keep in mind when you think of the claims that the court system is not fair to doctors that a major player in pushing for limitations on damages is by the insurance companies.
This is a terrible story from California which brings to mind the tort reform that California enacted years ago. The loss of life’s enjoyment and the pain and suffering experienced in any claim for malpractice was limited in California to $250,000 the last time I checked. We represented a client in a claim for Medical Malpractice in California years ago. I was shocked at how little was offered by the defendants insurance company. Why? They did not have that much to lose because of the damage cap.
Here in Connecticut there is no such cap. There has been a great deal written about how caps and other tort reform does NOT reduce medical malpractice insurance premiums. Let’s hope the insurance companies don’t try similar efforts here.