Philadelphia medical malpractice attorneys of Messa & Associates are pleased that states’ rights advocates have managed to halt the passage of federal medical malpractice tort reform legislation amidst a great congressional push to do so. For the last year, the once hot button issue has taken a seat on the back burner. Medical malpractice attorneys hope to continue extinguishing any and all efforts made by government to federally regulate how much a medical negligence victim can receive in compensation for their injuries.
For years now, the medical malpractice tort system has been under intense scrutiny. Reformists believe that medical malpractice lawsuits are adversarial, unpredictable, inefficient, and costly. Others see these lawsuits as necessary to compensate patients who have been the victims of negligence; a necessary function of our judicial system. Medical malpractice attorneys maintain that these if damages were capped, many malpractice victims would be cheated out of just and necessary recoveries for their injuries.
Any medical professional who has spent a significant amount of time in the field knows that medical malpractice is a real concern, both for medical providers and patients. It has the potential to alter the existent of both parties involved. Victims may sustain catastrophic and irreversible injuries. Medical providers will deal with increased insurance rates, legal fees, and tarnished reputations. These reasons alone should motivate a physician to perform his or her tasks diligently and responsibly, as not to jeopardize his/her practice or position. But by limiting their liability, punishments in the form of jury verdicts which have been pre-determined by federal regulators may not serve to keep these doctors on track.
It is important that we do not forget the tradition of this country. Medical malpractice attorneys believe that a jury-of-peers should hear a case and determine a reasonable damage award after being presented with all of the evidence. Aren’t jurors, armed with evidence and information, better suited than disconnected representatives sitting in a state capital to decide what a victim of malpractice needs or deserves?
If you or a family member have recently been the victim of medical negligence, you should speak with a Philadelphia medical malpractice attorney. Please contact Messa & Associates for a free case evaluation, or call for a free consultation at 1-877-MessaLaw.
Joseph L. Messa, Jr. is the founding partner of Messa & Associates, P.C. He is an AV-rated attorney (highest rating available), listed in the Bar Register of Preeminent Lawyers. Read More