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Damage caps for medical malpractice victims

Connecticut residents might like to know about the changes taking place in several states concerning medical malpractice laws. While only a few states like Washington, Florida and Illinois have decided against caps on noneconomic medical malpractice damages, other states could follow.

The Wisconsin Court of Appeals is the latest judiciary body to deem caps on noneconomic medical malpractice damages to be unconstitutional. The appeals court looked at how damages were awarded and found that caps reduce noneconomic damages for those most severely injured while less severely injured malpractice victims are awarded full damages. This denies equal protection under the law to those in excess of the cap, which makes the statutory cap unconstitutional.

One case that shows how a cap hurts those with catastrophic injuries involved a women who visited an emergency room with a high fever and abdominal pain. While a physician thought she may have an infection or Systematic Inflammatory Response Syndrome, the woman was not given antibiotics or informed that they could help. When her conditioned worsened, she was diagnosed with a septic infection at a different hospital. The untreated infection caused the septic issue and led to gangrene in the patient's extremities. All four limbs required amputation.

Jurors concluded that this patient was not properly informed of her treatment options and awarded her $15 million in noneconomic damages. The cap would bring the amount down to $750,000. The court found that the cap put an unfair burden on someone injured so severely.

A misdiagnosis or delayed diagnosis sometimes leads to long-term or even permanent injuries. One may be entitled to compensation if an error happened because a medical professional did not act as responsible health professional would. The damages offered are not always enough to pay for future medical costs, so a victim may wish to consult an attorney when filing a suit.

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Tooher Wocl & Leydon LLC is a law firm experienced in handling wrongful death, medical malpractice, auto accidents, fall down claims, nursing home negligence and abuse, car crash and motor vehicle collision lawsuits. The personal injury trial lawyers handle cases throughout Fairfield County. If you have been seriously injured in Stamford, Norwalk, Fairfield, Bridgeport, or anywhere in Connecticut, please call one of our litigation attorneys at 203-517-0456, or email the firm to schedule a free consultation.

Tooher, Wocl & Leydon LLC | Personal Trial Lawyers

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