Tort law serves two functions.

The first is to compensate individuals who are

harmed byothers. The second is to deter harmful behavior. (Svorny, 2012, p. 2). In
the event of medical
malpractice, tort law is applied. The controversy of caps has been strongly
argued for both sides.The argument about whether or not they should be added to
medical malpractice lawsuits hasstirred up many different feelings about caps.
The legal term, cap, is slang for a maximumamount of money you can charge in
court (
Caps,
2013). A question is now would these caps helpor hurt people? With the
advancement of technology, medical malpractice seems to occur moreoften. There
are more opportunities for mistakes and chances. New technology is
constantly being introduced to the medical field.People have been fighting about
the issue of these caps for a while now. The affirmativeside argues that people
abuse malpractice cases and their rewards, and that these caps will lowerhealthcare
prices. The negative side argues that physicians would lack incentive to
preform proper procedures (Pate, 2009), and would not adequately compensate
victims in malpracticelawsuits. Both sides bring up valid points.Malpractice can
happen to anyone of any age. No one is safe from this medicalnegligence. The story
of Alexandra Katadas is sad and unfortunate. The child was injured duringthe time
of birth, her spine stretched and contorted while her elbow was pulled from the
socketand broken. The doctor had applied too much force. The spinal injuries
resulted in a lack of
growth in her ribs. The girl grew into her body, but her ribs didnt grow with her.
Within months,Alexandra suffocated. Her family received compensation of one
million dollars. This wasnt thedoctors first offense. Three othe
r infants had died of similar causes. Malpractice comes in allshapes and sizes, but
people want to know if a cap on these lawsuits would help those victims(Center for
Justice& Democracy, 2014).

Malpractice happens more often than people seem to think. Approximately fortyfourthousand to ninety-eight thousand Americans suffer and die from medical
malpractice. These arethe preventable malpractice incidents (Public Citizen,
2010). This is a big issue. One famouscase of malpractice is with Michael Jackson
and his doctor. Michael was supposedly killed by anoverdose given to him by his
doctor.On scale of one to ten, this issue would fall at about a seven. People suffer
because ofmalpractice
but the issue of caps doesnt need to be resolved anytime soon.
The fight for caps,occurring between doctors and patients,
has passed in some states and hasnt passed in others.

The pro side has a strong claim that caps are linked to health care prices. According
toTina Swanepoel (Personal communication, December 13, 2013), RN
at Primary Childrens
, thehealth care prices would be impacted by these caps. It would lower health care
prices and makethem more affordable. If caps were added to malpractice lawsuits
malpractice insurance woulddecrease causing health care prices to go down.
Frivolous lawsuits could be avoided in the courtalso.
The con side argues that these caps can cause serious problems. If caps weren
t put into place physicians would have incentive to watch their performance level.
With more on the linethey would be willing to work harder and preform at the
accepted level. Doctors are humans andhumans are incentivized by money. Victims
of malpractice could also be compensated properlyfor their losses.

ReferencesCenter For Justice & Democracy. (2013).

Medical Malpractice Story: Alexandra Katada.
Retrieved from: http://centerjd.org/content/medical-malpractice-story-alexandrakatada Pate, R. P., & Childers, C. A. (September 22, 2009).
Should Liability Damage Caps Be a Part of Health Care Reform?.
Atlanta Journal-Constitution. Retrieved from:http://sks.sirs.com/cgi-din/hst-articledisplay?id=SUT0568-0-8580&artno=0000310332&type=ART Public Citizen. (2010).
Retrieved from:http://www.citizen.org/congress/article_redirect.cfm?
ID=9125 Svorny, S. (May, 2012).
Mandatory Caps on Medical Malpractice Could Doom Patients.
USAToday, 140, 68-69