Jury Award Reduced by State Cap

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Hodge_Forceps_-_USA_(1833)A jury determined that infant Olivia Coats died as the result of head injuries caused by the forceps used to aid in her delivery. The men and women on the jury found Dr. George Backardjiev and The Medical Center of Southeast Texas to be culpable for the baby girl’s death. As a result of their verdict, Rachel Melancon, Olivia’s mother, was awarded more than $10 million. She will not see the majority of it.

According to reports, politicians in Texas signed off on a cap for malpractice claims. The cap is set at $250,000 per claim for non-economic damages like pain and suffering. As a result of that cap, Melancon will only receive $750,000, or $250,000 for each of her three claims.

The cap was set in 2003 as a way to protect doctors and patients. Because of it, many attorneys in the state of Texas no longer fight for people who have lost loved ones. Lawyers do not want to spend time or their clients money when awards will barely cover the costs of a lengthy trial.

The protections need to be there, but to say that a child’s life is only worth $250,000 is unfair to most. Lawyers who do still fight for victims do so to make sure that doctors are held accountable for their mistakes.

If you or a loved one has been the victim of medical malpractice in New York, you may be entitled to compensation under state law. Call our team today and we will review the details of your case at no cost. We will walk you through the process of seeking compensation and answer any questions you may have. Call now for assistance.

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