doctors against damages cap on medical malpractice lawyers attorneys

For One North Carolina Doctor,
Medical Malpractice Cap Is an Insult

Dr. John Faulkner did not have the time or the inclination to rally at the legislature with 1,700 of his colleagues recently on behalf of tort reform and caps on damages.

The family physician had household chores and he had to care for his wife, Joan. She was badly burned last June when a cauterizing tool ignited oxygen that was being pumped into her nose during a routine procedure in an operating room. Her top lip was melted off; her face, neck and chest suffered second- and third-degree burns that will require numerous reconstructive surgeries. After a three-week hospitalization, she was released to begin a new life coping with constant pain, numbed by powerful medications that sap energy and drive.

Because Joan Faulkner, 44, stayed at home, she is not eligible for economic damages calculated on lost earnings. And under the bill supported by the state's doctors, the value of her pain and suffering would be $250,000 or less.

Faulkner, 47, said he is dismayed that doctors have chosen to fight medical malpractice insurance rates by attacking the rights of patients injured by neglect or error. He said the insurance industry stands to gain, while patients lose.

Source: The News & Observer, Raleigh, N.C.