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Dr. Mom Disagrees with Governor’s Proposed Malpractice Cap


As New York Governor Cuomo proposes legislation that seeks to limit pain and suffering awards to $250,000 in cases involving medical malpractice, there is at least one woman who disagrees with his proposal. This mom also happens to be a practicing physician, which gives her some rather unique perspectives that can only be understood by someone with experience from both sides of the issue. In this instance, the practicing doctor is also the mother of a 13-year old boy who is the victim of medical malpractice.

While her son’s award was awarded several years ago and is not subject to the governor’s proposed cap, she is aware of the day-to-day responsibilities in caring for someone who has been injured due to medical malpractice. A New York Injury Lawyer learned that her son must be attended full-time, as he is unable to walk or talk. His cerebral palsy was caused by medical negligence, which leaves the youth confined to a wheelchair and unable to go though any of the daily things that many people take for granted, such as eating, getting dressed, bathing, and even going to the toilet. Her son also needs a motorized wheelchair and a van with wheelchair access in order to travel anywhere.

Dr. Mom is also at least one physician who takes her responsibility seriously and recognizes there are times when the human factor becomes involved that specifies that we all make mistakes. As was also reported to a Nassau County Personal Injury Lawyer, that she and other physicians, must “live with the reality” that they may cause someone irreparable harm and that they will be sued. While the thought of a potential lawsuit sounds extremely unpleasant to her, her thoughts are also with the potential victim of any such errors. She is all too aware of this by her own experience.

Although the state budget must be brought into line with economic realities, at least one of the things that tend to be overlooked is the realities that victims of medical malpractice must endure daily and for the rest of their lives. They too face certain economic hardships and uncertain futures, and many must do so without the ability to seek gainful employment and must rely on the compassion of others just to survive each day.

The budget debate will likely continue, at least for a short time. All the while people like Dr. Mom will continue to raise their children who have been placed in harm’s way due to the negligence of someone else. When asked as to whether an award of $250,000 would have been sufficient to care for her son for the rest of his life, her reply was a simple, “Absolutely no way.”

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