Dealing a blow to justice and accountability—and to injured people everywhere in their state—the Supreme Court of the State of Ohio has upheld caps on damages in personal injury lawsuits in a 5-2 decision issued Thursday.
Jury awards for pain and suffering and other non-economic damages will now be limited to $350,000 unless the injured person lost a limb or bodily organ.
Punitive damages will be limited to twice the amount of compensatory damages.
One person quoting on the story in Cleveland Metro News had this to say:
You may agree with this limit UNTIL you have personally have had to raise a child who was permanently disabled by unprofessional and reckless decisions, or shall I say UNdecisions. We are talking about a child that was not born with this disability, but who now will not know a life with the joy of sight. Would YOU trade your sight for $350,000?
David Rosenbaum was attacked and beaten with a pipe in northwest Washington D.C. He was rushed to Howard University Hospital. But after arriving, he was not seen by a doctor for over 90 minutes (an hour and a half!) and did not receive a neurological examination for almost four hours. He died of a brain injury two days later.
This was back in January of 2006. It has now been reported that Rosenbaum’s family has settled with the hospital. While details are confidential, it has been reported that the settlement involved several million dollars.
… Yet another example of a grossly negligent defendant being held accountable through the only possible means—the wallet!
This just in from NewsInferno:
The family of [Peter Cicero], who died from hepatitis C has been left to wonder if medical malpractice committed by Dr. Harvey Finkelstein played a role in his death. Finkelstein is the Dix Hills doctor who exposed patients-infecting at least one with hepatitis C-to blood-borne pathogen infections because of his practice of reusing syringes. Finkelstein, an anesthesiologist since 1981whose patient base reaches into the thousands, continues to practice at the Pain Care Center of Long Island and has admitting privileges at the New Island Hospital in Bethpage, the North Shore University Hospital in Plainview, and the Long Island SurgiCenter in Melville. Six of Finkelstein’s patients tested positive for hepatitis B and six for hepatitis C, according to the Nassau County Health Department.
Cicero, a former patient of Finkelstein’s had already sued the doctor because a botched procedure had left him paralyzed. The malpractice suit was ultimately settled in 2004; Cicero had received $975,000. Did the doctor not only paralyze, but also kill him?
Perhaps the courts will have to decide.
Attorneys hear it all the time: a long description of someone else’s carelessness, of injuries sustained, and of expenses incurred. Then comes the anxious question, “Can I sue?” The answer to that question is almost always “yes,” since, as a general rule, anybody can sue anybody for anything.
Of course, many prospective lawsuits have no chance of succeeding, and good lawyers advise against filing them. The real question, therefore, isn’t “can I sue” but “should I.”
While only an attorney can make that call, here are some questions to consider as you prepare to discuss a prospective personal injury lawsuit with your attorney (in rough order of importance)…
[read more]
Ten-year-old Dalton Nelson rushed onto a Utah baseball diamond to return a foul ball during a youth baseball tournament. He was accidentally clubbed in the head by a batter taking a warm-up swing. His parents sued, and won a $7 million settlement. [read more]
Everybody knows the facts of the "McDonald's Coffee Spill Suit" (at least they think they do).
We researched the case, and discovered that the reality is far removed from the commonly believed version—which we found is almost on a par with urban legends like the alligators in the sewers of New York. [read more]
If you win a personal injury lawsuit, the money that is awarded to you will consist of “compensatory damages,” or an amount designed to reimburse you for all the losses that you suffered on account of the accident or other event. In some cases, you may receive additional “punitive damages” that are intended to punish the defendant. [read more]
