The Republicans running for President of the United States agree that you should not be fully compensated for your injuries and losses suffered as a result of medical malpractice. They want to put a cap (limit) on the amount that a jury can compensate you after the jury has heard all the testimony, reviewed all of the evidence, and has come to a consensus as to the value of your losses due to medical malpractice.
Rick Santorum, like the other Republican candidates for President, desires to change our laws for a select but very powerful and very limited category of people (that is, negligent medical providers) so that they are provided special and unjustified protections and benefits unavailable to all other people. They want to stack the judicial deck in favor of medical providers who provide their patients with substandard medical care so that the unwitting and innocent victims of their medical negligence are at a legal disadvantage and will never receive the justice that our laws were intended to provide. They want to replace equal protection under our laws with laws that provide unequal protection.
But has Rick Santorum’s view of the need for medical malpractice “reforms” always been this severe and sinister? The answer may surprise you.
In 1999, Rick Santorum’s wife, Karen, filed a medical malpractice claim against her chiropractor, seeking $500,000 in compensatory damages (which was twice the amount of Rick Santorum’s 1994 legislative proposal for a medical malpractice cap) for her alleged permanent back injury that she claimed would require a lifetime of medication for a lifetime of pain and restricted mobility, allegedly due to the chiropractor’s medical treatment of her. The medical malpractice claim alleged that Karen Santorum suffered back pain following the 1996 delivery of her premature fourth child (who tragically died the same day). She sought out the treatment by the chiropractor for her lower back pain. The medical malpractice claim alleged that the chiropractor’s manipulation of her spine (a standard chiropractic procedure) caused a disk herniation that required surgical removal of the disk one week later. Her total medical bills were just over $18,000.
Rick Santorum testified during his wife’s medical malpractice trial regarding the emotional and physical damages allegedly suffered by his wife that he said would justify a large monetary award for pain and suffering (the same category of damages that Rick Santorum and other Republican candidates for President of the U.S. now seek to severely limit). Rick Santorum testified at trial that his wife’s pain made her unable to exercise and stay fit and thus she did “not have the confidence” to assist him with his public campaign events. The jury awarded $350,000, which was reduced by the trial judge to $175,000 (the judge called the jury award “excessive” and based on “undue sympathy.” The trial judge stated, “The subjective testimony of Mrs. Santorum and her husband is belied to some degree by the fact that Mrs. Santorum sought virtually no medical treatment following the operation.”)
It would appear that Rick Santorum does not want his wife to be subject to the same pain and suffering damage cap that he would impose on the rest of the country. If you are not Rick Santorum’s wife, or if it is important to you that the laws that protect the innocent victims of medical malpractice should not be changed in order to heavily favor the wrongdoers at the expense of their victims’ destroyed lives, then you may wish to take that into consideration when it is time to cast your vote for President of the United States in November, 2012.
If you have been injured as a result of medical malpractice, you may wish to seek the advice of a medical malpractice attorney to protect your right to seek compensation for your losses.
Visit our website or telephone us toll free at 800-295-3959 to be connected with medical malpractice lawyers in your state who may be able to help you with your medical malpractice claim.
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