State Medical Malpractice Caps Under Fire
"So, if that case is lost, the attorney has to pay for it. As a result, since the caps have been in place, attorneys won't take the cases where somebody has been catastrophically injured because they know the risks are too high. That is why the filings are going down."
"You hear a great rallying cry about 'frivolous lawsuits.' You hear that all the time. But insurance companies and corporations are not afraid of frivolous lawsuits. They are afraid of legitimate lawsuits." Levin says.
It's an easy thing to say that somebody has a frivolous lawsuit, but the people who are affected by the cap on damages are not people who have frivolous losses. They are people with serious losses," Levin continues.
"Tort reform is always going to be one of those issues that is always on the agenda because of insurance companies. They would like to pay less money and if you can cap risk at $1 million as opposed to an unlimited amount, wouldn't you do that? I understand why they are trying to do it. I just disagree with it."
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