Tennessee and North Carolina can now be added to the vast majority of states adopting damage caps in medical malpractice cases. 

In North Carolina, the legislature enacted a $500,000 cap on "non-economic damages" for pain and suffering.  The new law became effective October 1st. Like Maryland, the cap does not apply to economic loss claims for past and future medical care costs, lost wages and other kinds of monetary losses resulting from their negligence.

 

Tennessee's law, known as the "Tennessee Civil Justice Actor of 2011," places a cap of $750,000 on non-economic damages and a $500,000 cap on punitive damages in medical malpractice and personal injury cases. The law also places a $1 million cap on "catastrophic cases" such as those where a person became paralyzed, burned, blinded, suffered an amputation or otherwise died leaving behind minor children.

As discussed previously, damage caps specific only to medical malpractice cases have a desparate impact on malpractice victims over other victims of tort malfeasance who do not face the same caps for similar injuries. These practice-specific caps are unfair and are contrary to the free market system so fervently embraced by the same hypocrites who promote passage of such laws. Juries should be allowed to do their jobs and reach the verdicts they believe are just. Judges have the authority to "right the wrong" of runaway jury verdicts through post trial remittiturs and new trial orders.

 

It is commonly known that despite incredibly extensive testing of blood donors for infectious diseases, Hepatitis B is the most commonly transmitted infectious disease.  Approximately 1 in 60,000 units may be infected despite the negative test result.  According to the U.S. Centers for Disease Control and Prevention, Hepatitis B is caused by a virus that attacks the liver.  It has the potential to cause lifelong infection, scarring of the liver, liver failure or cancer and possibly death.  

If someone you know and love has cerebral palsy, it can be incredibly hard to deal with. Not only do these individuals experience pain and difficulty making friends or moving, but it can take a lot to care for someone with cerebral palsy. They may need help with everything from eating to changing their clothes. Educating and caring for someone with this medical condition takes a lot of time, energy, and funds. If the condition could have been prevented, then a Maryland lawyer can help you receive compensation that will help you take care of your loved one and ensure they have everything they need. The following are some basic facts about the different types of cerebral palsy. 

Treatment for Cerebral Palsy can include Physical Therapy, Occupational Therapy, and Speech Therapy. Physical Therapy can be used to help the patient walk properly which can reduce the stress on the muscles and joints thereby increasing the quality of life for the patient. In some cases a wheel chair or walker can be used to help the patient if they have trouble walking. With the many treatment options available there is a lot that can be done to raise the quality of life with those living with Cerebral Palsy. There is no cure for Cerebral Palsy and some of the treatments may be part of a life long process.

Q: What is Cerebral Palsy?

A: Cerebral Palsy is a term used to describe a group of different disorders, affecting body movement and coordination, which are the result of brain damage. 'Cerebral' references the brain, wherein the problem lies, and 'palsy' references problems with coordination and muscle control.

Cerebral palsy can cause a wide range of different symptoms. Previously we talked about some different causes of Cerebral Palsy.

Lack of Oxygen to the child during pregnancy

If during pregnancy the baby and mother are not monitored properly a complication could arise that results in brain trauma and cause Cerebral Palsy. This could be due to Medical Malpractice, specifically doctor or nurse negligence. How would you know if this is the case? You may not even be aware of what is and what is not medical negligence. That's why you need a trained lawyer that handles Cerebral Palsy cases to help with your unique case. If it turns out that a form of Medical Malpractice did occur you may be entitled to lifetime compensation to help care for your child and help increase quality of life.

There are many different ways the brain may sustain the type of injury that causes Cerebral Palsy. A lack of oxygen to the brain at any time before, during, or after the birth or early childhood years, a viral infection that the mother may suffer while pregnant, malnutrition of the mother, or trauma to the infant's head all have the potential to cause Cerebral Palsy.