The attorneys who represented a child severely injured at birth will not be able to receive more than the damage cap put into effect by the state legislature, even though they spent five times that in bringing the case forward.
Beyond just delivering a financial blow to this one law firm, the case could have a stifling effect when it comes to court access. That is, if an attorney knows he or she is going to suffer major losses bringing a case on behalf of severely injured children or other clients, there is less a likelihood those plaintiffs will be able to find representation. That means there is a lesser likelihood there cases will even be filed in the first place, let alone make it to a settlement or trial phase.
It’s disheartening news, especially when you consider that medical malpractice cases such as those brought for birth injuries require meticulous, aggressive and experienced legal representation in order to be successful. Forcing those with the ability to provide this – and ultimately, relief of the enormous financial burden that victims bear – will make it tougher for those who suffer the most to press forward with these cases.