A Father’s Tale: Caps on Damages Is Not Justice
Last week we heard from Tammy Travis, who testified during a Tennessee House Judiciary Subcommittee about her 5-year-old daughter who was killed because of the negligent hiring practices of an area hospital. Tammy said her daughter’s routine tonsillectomy turned into a nightmare that no other parent should ever have to go through. Losses like the one Tammy Travis experienced would be severely affected by HB2008, the bill in the Governor’s Legislative Package that would cap damages on medical malpractice cases in Tennessee.
The bill would place a $750,000 cap on non-economic damages (as Jeff Woods describes in the Nashville City Paper, non-economic damages are “physical and emotional pain and suffering, mental anguish, emotional distress, loss of companionship, humiliation and loss of enjoyment of life”). It would also limit punitive damages to whichever is greater – twice the amount of compensatory damages or $500,000.
David, Tammy’s husband, also told part of his daughter’s story and reiterated that the ability for a jury to deliberate cases such as his without a cap is the only thing that holds large corporations accountability for their dangerous irresponsibility and deception: