Roshomon Ethics: Capping Jury Damages for Malpractice

Critics of the Democratic health care reform proposals routinely raise capping  jury awards for medical negligence and malpractice as a missing ingredient that would lower health care costs by making doctors’ malpractice liability insurance premiums less costly. It’s a legitimate issue worth debating, but cap advocates typically cite jury awards of outrageous damages in cases where the doctor’s conduct was defensible, while ignoring cases like this one. Continue reading