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    Cancel the Cap: Legislative bill to help Virginia medical malpractice victims receive full justice
    51:00

    Cancel the Cap: Legislative bill to help Virginia medical malpractice victims receive full justice

    Attorney Joseph Cammarata is spearheading efforts to change Virginia law to hold medical wrongdoers fully accountable for the harms and losses they cause victims of their negligence. Cancel the Cap is a proposed bill (SB 1107) to eliminate the cap on the recovery of damages in actions against Virginia health care providers for medical malpractice. Nancy’s Story: In 2015, Nancy underwent routine lower back surgery in an effort to cure her chronic back pain. The surgeon was to remove a lower back disc and fuse the surrounding vertebrae. During the surgery, the neurosurgeon caused his surgical instrument to go too deep into the disc space and he cut Nancy’s common iliac artery in her stomach. As a result, Nancy was not able to get oxygen to her brain for approximately 23 minutes. Although Nancy was revived, she was brought back to a life of total dependence; loss of function; and cognitive, emotional, and behavioral dysfunction requiring 24-hour care. At trial, the jury was presented with evidence of Nancy’s permanent condition and of a plan which detailed Nancy’s lifetime needs. The cost of those lifetime needs, with 24-hour homecare, was approximately $7.5 million. Nancy’s other economic losses totaled approximately $1.8 million. The neurosurgeon and his insurance company did not contest the permanency of Nancy’s condition or her total economic losses of $9.3 million. The jury returned a verdict in favor of Nancy and against the neurosurgeon in the amount of $35,620,902. Unfortunately, due to the current law, which limits the amount a victim of medical malpractice can recover, Nancy’s recovery was limited to only $2.2 million. In a special edition of Medical Malpractice Diaries, Mr. Cammarata discusses the bipartisan legislative initiative with host Deirdre Dickson-Gilbert of the National Medical Malpractice Advocacy Association. Current Virginia law places a cap, or limit, on the amount of money medical malpractice victims can recover, regardless of the harms and losses they suffer. Cancel the Cap (SB 1107) amends and reenacts § 8.01-581.15 of the Code of Virginia, relating to the limitation on recovery in certain medical malpractice actions. Nancy will not benefit from the legislation, but its passing will allow future medical malpractice victims in Virginia to receive full justice. The bill has bipartisan support from chief patron State Sen. Bill Stanley (R-District 20) and co-patron State Sen. Scott Surovell (D-District 36). SB 1107 will: Allow seriously injured Virginians to be fairly and fully compensated for harm caused by the wrongdoer. Ensure Virginia taxpayers don’t have to foot the bill for malpractice. Reduce the burden on an exploding public health insurance system. End the current law’s protection of medical providers from full accountability for the harm they cause victims of their negligence. Eliminate placing arbitrary values on human life. The current cap: Favors insurance companies at the expense of victims. Shifts the burden of caring for the victims to taxpayers. Disproportionately negatively impacts persons of lower socio-economic means. Results in more cases going to trial, which clogs an overburdened court system. Provides no incentive for insurance companies to settle since they know their risk of loss is contained and controlled. Forces victims to expend considerable resources to go to trial, which diminishes the amount of money they will have available to pay for future care. Is unfair and unjust. If two people are injured the same way and suffer the same harm – one injured from medical negligence and the other not – the medical negligence victim should not get less for the same harm. Learn more: Visit https://www.chaikinandsherman.com/cancel-the-cap/ Contact your legislator at https://whosmy.virginiageneralassembly.gov/ Email cancelthecap@dc-law.net Follow #cancelthecapva on social media
    Malpractice Diaries-Case of Carla Nerby told by Wade Nerby
    30:45

    Malpractice Diaries-Case of Carla Nerby told by Wade Nerby

    Cancer diagnosis, doctor claimed she was healed, months later she is in severe pain and doctors diagnose her with constipation. Constipation turns into cancer and the cycle continued. What was it that took the life of Carla?
    Malpractice Diaries-Michael Zuk DDS-Confessions of a Former Cosmetic Dentist
    48:57

    Malpractice Diaries-Michael Zuk DDS-Confessions of a Former Cosmetic Dentist

    Former Cosmetic Dentist whistle-blows against the dentistry industry for prioritizing profits over patient safety.
    Malpractice Diaries Ethel Easter Dismuke
    27:37

    Malpractice Diaries Ethel Easter Dismuke

    Humiliated during surgery is not something that you would think could happen, but in one a twist of fate, one woman gets and ear full.
    Malpractice Diaries-When Routine Surgeries Go Wrong!
    36:12

    Malpractice Diaries-When Routine Surgeries Go Wrong!

    Undergoing any surgical procedure involves some degree of risk and fear. You hope that the doctor you are entrusting your life with is capable and knowledgeable. You hope for the best, but what happens when something goes wrong.
    Malpractice Diaries Episode 8- "Defense vs. Plaintiff," Changed in a Matter of Hours
    48:20

    Malpractice Diaries Episode 8- "Defense vs. Plaintiff," Changed in a Matter of Hours

    Big insurance companies and hospitals have some of the best defense attorneys who protect them from liability. Bradley Schwartz knew the lingo and protected the big guys and one day he was affected by the very industry he protected.
    Malpractice Diaries Ep 7-Does Your Doctor Have a Fake Degree
    24:16

    Malpractice Diaries Ep 7-Does Your Doctor Have a Fake Degree

    The FBI did a sting called DIPSCAM to uncover a trending new online scam. It was found that over 500,000 doctors in the United States alone had a fake degree.
    Malpractice Diaries Ep 6 Medical Malpractice in Boise Idaho
    43:42

    Malpractice Diaries Ep 6 Medical Malpractice in Boise Idaho