From an Attorney Personal Injury blog we get Nevada: How is that Medical Malpractice Cap Working?

Nevada, the bloggers point out, has put a $350,000 cap on compensation for pain and suffering. They think recent events show how wrong this is:

A hepatitis C outbreak linked to unsanitary syringe use at a Las Vegas clinic (Endoscopy Center of Southern Nevada) sickened six people and put 40,000 at risk has changed people’s thinking.

Dr. Dipak Desai is under investigation by county, state and federal agencies following the discovery of a hepatitis C outbreak linked to unsafe syringe use at his practice, Endoscopy Center of Southern Nevada. He’s accused of ordering nurses at the center to rely on the unsafe procedure of reusing syringes and single-use medication vials on multiple patients. As a result of the problems uncovered at the Endoscopy Center of Southern Nevada, state health officials are inspecting all of the state’s 50 surgical centers. So far, they’ve uncovered unsafe infection control practices at more than half a dozen other clinics across the state.

Reading thus far, I wasn’t sure what their point was. Do they think that anyone who would engage in such behavior would have been dissuaded by the prospect of more losses in court to offset pain and suffering? If the doctor is guilty of what he has been accused of doing, then I expect his behavior is simply impervious to threats of future losses. And if he is guilty it looks likely to me that criminal charges will radically end his lifestyle.

But the blog entry goes on to list the symptoms of Hepatitis C, an incurable disease, and ask, “Who wants to trade their long-term health for these daily medical problems for $350,000?” Too true. But what about the $350k plus all medical bills, including resulting complications, as well as compensation for lost revenue? Maybe the blog would still be persuasive to you regardless, but I find it interesting that nothing is said about other ways in which a jury can reward a plaintiff in this situation.  No one would walk away with only $350,000.  They would get a lot more.