When a state 'caps' non-economic damages, politicians have essentially decided to value the destruction of someone's life by what that person would have earned in the marketplace, since lost earning are never 'capped.' This promotes a kind of caste system.
No matter where you live, you should find these results to be extremely troubling. These days, we must all be concerned about unsafe hospital care and understand, as a nation, that "tort reform" laws are making things worse for everyone.
Some recent developments in high-profile cases of corporate misconduct have created real concern over the ethical actions of some corporate attorneys. Saul Goodman is an outrageous, fictional character. But lately, his moral compass -- or lack of one -- is feeling a little too familiar.
When triggered by the desire to reduce unwarranted variation in practice and provide patients with benchmark quality care, adherence to clinical guidelines can often improve patient safety. But turning guidelines into legal standards would be bad for both patients and doctors.
As the lead lawyer who tried to stop GPU from re-opening Three Mile Island after the nuclear meltdown, I'm made horribly uncomfortable by news of the BP calamity. Similarities between the situations abound.