Caleb Spence died one year after he was born due to complications that occurred during his birth. Caleb’s doctor, Dr. Emerson R. Julian Jr. was found liable for causing Caleb brain damage at birth, which later led to complications and his death. A jury found for Caleb Spence’s family and awarded them $8.1 million. However, the award was quickly cut to $2.1 million because of medical malpractice caps in Maryland.
Medical malpractice caps have been put in place in many states, including Illinois. They keep plaintiffs from receiving money they deserve. Doctors and others pushing for tort reform have persuaded politicians throughout the country to cap medical malpractice damages. They argue that the caps are needed to curb medical malpractice insurance premiums. However, to date, most states have not seen relief in premiums even with the caps. The caps are only doing one helping to further injure victims of medical malpractice.