Randy Wallace posted on Friday about U.S. District Judge Carlton Reeves’ opinion regarding Mississippi’s cap of $500,000 on non-economic damages in medical malpractice cases. Wallace’s post quotes part of the opinion:
All grief is not equal. All pain cannot be reduced to a one-size-fits-all sum. One cannot imagine what it is like to know that the doctor right in front of you, the one who is refusing to insert a chest tube into your body even as nurses beg her to provide that treatment, is causing you to die and killing your unborn baby as you are helpless to stop her. In Mississippi, though, one’s sufferingat the hands of a health care provider is worth no more than half a million dollars, no matter how egregious, and no matter if your suffering leads to your death, your unborn child’s death, and leaves your children orphans. This is offensive.
Offensive, but the law in Mississippi. Judge Reeves applied the caps in the case, finding that the Mississippi Supreme Court would likely find the caps constitutional. Hard to argue on that point.
Here is Judge Reeves’ opinion, which is very well written and provides an excellent overview of the caps and their unfairness in the case.
The opinion includes a couple of tables. Tables have become a staple in my brief writing. Nice to see a federal judge using them.