I would suggest the Commonwealth of Kentucky consult with their neighbors to the north (Indiana) regarding their highly successful Malpractice Laws.
For at least 30 plus years, the state of Indiana has had a cap on damages which has allowed both the claimant and defendents equitably reach a common ground. A result where claimants are fairly compensated, but at the same time doesn’t bankrupt the system nor malpractice carriers. The malpractice carrier is on the hook for a limit and then the claimant files a claim under the Indiana Patient Compensation Fund which is administered by the Indiana Department of Insurance. The fund is funded by a portion of the premiums paid through their malpractice premiums by the doctors or medical facilities.
We need to protect the integrity of the system and keep it where the environment is favorable to recruit and retain superior talent in the medical field. The medical field are not alone in having a few bad apples which creates the debate of incompentency in the practice of medicine and justification of caps or no caps on awards.
Rory,
How can you think that the Indiana law “allows both claimants and defendants to equitably reach a common ground” and which allows claimants to be “fairly compensated”? The Indiana law provides a total cap of $1.25 million, including loss of earning capacity, medical bills, and compensation for pain, suffering, and disability. If a doctor’s negligence caused you to be paraplegic for the rest of your life and your past and future wage loss were determined to be $700,000 and your medical bills were determined to be $3.6 million, please explain to me how you would be fairly compensated by receiving the maximum recovery of $1.25 million. Wouldn’t you rather live in Kentucky so that if that were to happen, you could actually recover fair compensation?
I would suggest the Commonwealth of Kentucky consult with their neighbors to the north (Indiana) regarding their highly successful Malpractice Laws.
For at least 30 plus years, the state of Indiana has had a cap on damages which has allowed both the claimant and defendents equitably reach a common ground. A result where claimants are fairly compensated, but at the same time doesn’t bankrupt the system nor malpractice carriers. The malpractice carrier is on the hook for a limit and then the claimant files a claim under the Indiana Patient Compensation Fund which is administered by the Indiana Department of Insurance. The fund is funded by a portion of the premiums paid through their malpractice premiums by the doctors or medical facilities.
We need to protect the integrity of the system and keep it where the environment is favorable to recruit and retain superior talent in the medical field. The medical field are not alone in having a few bad apples which creates the debate of incompentency in the practice of medicine and justification of caps or no caps on awards.
Rory,
How can you think that the Indiana law “allows both claimants and defendants to equitably reach a common ground” and which allows claimants to be “fairly compensated”? The Indiana law provides a total cap of $1.25 million, including loss of earning capacity, medical bills, and compensation for pain, suffering, and disability. If a doctor’s negligence caused you to be paraplegic for the rest of your life and your past and future wage loss were determined to be $700,000 and your medical bills were determined to be $3.6 million, please explain to me how you would be fairly compensated by receiving the maximum recovery of $1.25 million. Wouldn’t you rather live in Kentucky so that if that were to happen, you could actually recover fair compensation?