Unfair Medical malpractice Caps

Posted on March 5, 2010 by Greenberg & Bederman
Mr. Fisher:    I read your online comment about the "cap" in Colorado.   I prefer to refer to these laws as a "limitation of liability " for the wrongdoer.     Many states have held such limits on liability to be unconstitutional.   I am sure that the Colorado law has been tested.     As the so-called health care debate continues, people such as you need to let your story be heard so that people know how unfair and unjust these laws are.   The jury verdict in the Alvarez case was essentially overridden by the Va. limitation and the family was deprived of its right to a jury trial.
 
I am truly sorry for your loss.
 
 
John J. Sellinger
Greenberg & Bederman
1111 Bonifant Street
Silver Spring, MD 20910
jsellinger@gblawyers.com
 

The state of Colorado has a $250,000.00 malpractice caps law. Unfortunately, I live in Colorado. My wife was killed by a very negligent Colorado doctor in 2003. It was a very simple 30 minute colon scopy test; and in 6 hours he killed my wife. He drilled two large holes in her colon; and all the waste material entered her chest, causing peronitis, shock, heart attack and death. There was nothing wrong with my wife; we were married for over 48 happy years and she was recklessly killed by this so called Doctor. I never even had a chance to say goodbye to my beautiful wife.   

Naturally, I sued for wrongful death and settled out of court, because I might not of received any compensation, if a Jury bought the Doctors story. So, in out of court negotiations, they settled for $240,000.00. The big trouble with this is (you go 60%/40% with your attorney) my lawyer got $90,000.00 and I received only $130,000.00. This $130,000.00 is chicken feed and my wife, was worth a whole lot more than this, to me and my children and grandchildren. 

It has been over 7 years, since my wife of 48 years, was killed; and I think of her every day. There is no such thing, as the so called closure; you have to tolerate it and live with it every day. It has devatated my family. My little granddaughter was only 8 years old, at the time; and she still tells me; "I miss grandma." 

So, if you really want the worst Doctors in your state, the very best way to get them, is by passing the unfair $250,000.00 malpractice caps law. This really takes the doctors off the hook, protecting their negligence and increasing their profit ten fold. These greedy negligent doctors, will enter your state, like a bear to honey.

This stupid law is written for the Doctors and since they will have very low malpractice premiums (with caps) they couldn't care less, who they kill; it costs them nothing. Also, this "Doctors Law," causes the very worst Doctors, in the nation, to operate their questionable practice, in Colorado, since they can profit greatly, by much lower malpractice premiums. This negligent doctor practiced in 8 other states, before finding a home in Colorado. This horrid caps law, makes it easy for these Doctors, from other states, to be irresponsible in Colorado and in other states, that have this very unfair malpractice caps law. DON'T PASS THIS CAPS LAW!
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