Florence Attorney Edward L. Graham has an op-ed in the Florence Morning News discussing the effect of tort reform on medical malpractice actions:
Last year our General Assembly chose to limit a claimant to no more than $350,000 noneconomic damages from a negligent physician, no matter how horrible the harm inflicted. Quadraplegia, brain damage, incontinence, blindness, lifelong pain, loss of limbs, paralysis, severe disfigurement, or loss of fertility, all capped at $350,000 noneconomic damage.
By capping those awards at $350,000, the General Assembly prevented many deserving survivors of malpractice from getting any recovery at all.
Whenever the potential award does not justify the expense and effort of fighting the negligent physician, no experienced lawyer will take the case