I’m always amazed at the hypocrisy of some people who claim that the tort system needs to be completely reformed. In my experience, those people are the very first in a lawyer’s office when something goes wrong — no matter how trivial. ESPN is reporting that Giuliani’s son is suing to get back on the Duke golf team. Who do you think is financing that lawsuit? What an incredible waste of the court’s time and resources. During his failed run for the presidency, one of Giuliani’s big issues was tort reform — arguing mainly for caps on damages in medical malpractice cases.
Here in Virginia, we do have caps in medical malpractice cases. My experience is that these damage caps most harm those people who are the most seriously injured. I have just settled a case where the medical expenses of my client, a child, are over $4,000,000, but the most he could get under Virginia’s system was $1,000,000. So, guess who has to pick up the tab for the negligence of the doctor who couldn’t be bothered to respond to nurses repeated calls that he come to the hospital to deliver the baby? If you guessed that the taxpayers of Virginia have to pick up the cost of my client’s future care — you’re correct.