Wednesday, March 11, 2009

Medical attorneys fear Oklahoma legislature might cap doctor malpractice

Oklahoma medical attorneys brace for doctor malpractice caps as some members of the Oklahoma Legislature are intent on imposing unreasonable caps on non-economic damages in medical lawsuits.

Oklahoma House Bill 1603 would provide a maximum of $300,000 for pain and suffering damages in medical lawsuits in Oklahoma.

Take the case of Karla Beatty, for instance. When doctors removed a brain tumor, Karla developed a serious staph infection in the process, which forced doctors to take a drastic action.

"I lost part of my skull; I lost part of my brain. If he [the doctor] would have just taken the time, when it's been just a little pimple, and took the time to swab in right then, I could still have my vision," says Beatty.

Because Karla's infection was originally misdiagnosed by her doctor, she was awarded thousands of dollars for her pain and suffering in a doctor malpractice or medical lawsuit.

However, under House Bill 1603, Karla would have gotten only a maximum of $300,000 for pain and suffering, regardless of the circumstances.

"How can you say that a dollar is worth that much pain," said Beatty.

"The money does not relieve the pain and suffering," says State Representative Dan Sullivan, who authored the bill.

Sullivan, who was the Doctor's attorney in Karla's case, says that putting a cap on pain and suffering would lower insurance premiums without compromising healthcare.

"What we do not cap is the need for medical expenses and things of that nature where there is no cap," say's Sullivan.

But according to Beatty there a few things the government shouldn't be allowed to decide.

"He (Sullivan) took an oath to the people and he should be working for the people," Beatty says.

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