Posted by guest-writer | Posted in Medical Malpractice
Critics of Rick Santorum recently derided the Republican presidential candidate for his allegedly hypocritical views on medical malpractice lawsuits, according to a report from ABC News.
Santorum, sources say, has frequently called for limits on the amount of damages injured people can seek in a medical malpractice lawsuit, but twelve years ago, his wife Karen sued her chiropractor for a half million dollars.
His wife’s lawsuit, which was filed after the chiropractor allegedly injured her back, claimed that the injury caused her pain and prevented her from being able to campaign for her politician husband.
Santorum claims that his wife is free to make her own choices (a very noble admission on his part), but he wasn’t a completely innocent bystander during the 1999 lawsuit, as sources say he testified in court to support her case.
According to ABC News, Karen Santorum alleged in her medical malpractice claim that Dr. David Dolberg started treating her for back pain soon after she lost her newborn son.
In her lawsuit, Santorum alleged that Dr. Dolberg made the issue worse by herniating one of the disks in her back, which eventually led her to have surgery to repair the tear.
After a trial, the jury awarded Karen Santorum a $350,000 personal injury settlement, although a court later reduced her total recovery to $175,000, still a very healthy sum.
The end of the trial brought a storm of criticism from observers on both the left and right sides of the political spectrum, although, predictably, the left seemed a bit more upset.
Democrats were especially upset because, while in the U.S. House, Santorum had sponsored a bill that would have limited plaintiffs in medical malpractice to just $250,000 in non-economic damages. Democrat strategic James Carville labeled Santorum a “world class hypocrite” for supporting his wife’s lawsuit seeking $500,000.
In his defense, Santorum claimed that he was always “going to support my wife in her endeavors,” but he qualified that remark by observing “[t]hat doesn’t necessarily mean that I agree with everything that she does.”
While Santorum certainly can’t be blamed for supporting his wife’s efforts to gain legal relief for her injuries, this story raises a common obstacle for people who wish to place caps on medical malpractice damages.
It’s much easier to support stern caps on malpractice lawsuits when the decision is made in a vacuum, but when a loved one suffers a debilitating injury due to negligent medical treatment, even the harshest critic recognizes the value of seeking adequate compensation.
