Kia Franklin

Priceless Example of Tort Deform Injustice

On Texas Personal Injury Trial Lawyers, a blog entitled "In Texas, this is worth $250,000." A sneak peak:

Because of a mislabeled tissue sample that led to a misdiagnosis, Darrie Eason of Long Island, New York had both of her breasts removed to save her from a cancer that she never had. Keep reading

And all because some careless person didn't label the tissue sample correctly? Disgraceful. What's more disgraceful is that she wouldn't be entitled to non-economic damages due to deformed tort law rules.

Kia Franklin: Author Bio | Other Posts
Posted at 4:04 PM, Oct 04, 2007 in Damage Caps | Examples of State Tort "Reforms" | Health Care | Medical Errors | Medical Malpractice | Tort Victim Tragedies
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This is the problem with capping the non-economic damages - once in a great while (and only once in a great while), an award of non-economic damages is appropriate. Here the lab tech who messed up should be responsible for some amount of damages.

More appropriate than an award for unprovable monetary damages (and I've NEVER seen a case where non-economic damages were anything more than a number plucked out of the air by some attorney attempting to maximize the contingency fee) would be criminal investigation with criminal sanctions against the laboratory

Posted by: Paul W Dennis | October 4, 2007 8:41 PM