As the president of the Utah Association for Justice, I represent 475 dedicated members who advocate for individuals harmed by negligence. Today, I write with deep concern about HB503, a misguided proposal that would impose severe limits on the rights of Utahns who suffer due to medical malpractice.
HB503 seeks to cap all damages in medical malpractice claims at $1,000,000. While I believe the bill’s proponents are well-intentioned, this arbitrary cap would have devastating consequences for victims and their families. To put it bluntly, a one-size-fits-all cap fails to account for the true costs of catastrophic injuries. If the thought of this cap conjures images of Dr. Evil sneering, “One million dollars,” you are not alone. And, just like in the Austin Powers movies, that amount in today’s world is insufficient.
For many victims, $1,000,000 is simply not enough to cover past and future medical expenses — let alone the long-term suffering and financial instability that result from severe injuries. Utah has not historically imposed limits on damages related to past and future medical expenses in malpractice cases. This recognition of fairness and justice has ensured that those harmed by medical malpractice can afford the care they need to recover and obtain continued medical care, if necessary.
Consider this: Utah currently imposes a cap of $450,000 on non-economic damages (pain and suffering) in medical malpractice cases — a figure set in 2010. For perspective, a dozen eggs cost around $1.66 at that time. Today, the average price is $4.15 — more than 150% higher. If we applied a similar adjustment to the 2010 cap, victims would now be entitled to $1,125,000 for pain and suffering alone, in addition to their past and future medical expenses. Yet HB503 would impose an arbitrary $1,000,000 limit for everything, disregarding inflation and the true financial needs of victims.
Fundamentally, our legal system is built on personal responsibility, fairness and accountability. One of the bedrock principles of our republic is that those who are harmed by the actions of others are entitled to recompense and the opportunity to be made whole. Utahns pride themselves on personal responsibility, self-autonomy and community accountability. But HB503 exempts a specific class — medical professionals — from that basic principle. Like lawyers and clergy, doctors hold a position of immense trust and responsibility in society. If their actions result in harm, they must be held accountable like all others. No profession should receive special immunity from the consequences of its actions.
The real-world impact of HB503 would be tragic. Imagine a child left paralyzed due to a surgical error or a young mother requiring lifelong medical care after a botched procedure. HB503 shields medical professionals from full responsibility, regardless of the severity of harm they cause. No matter how devastating the consequences — whether a lifetime of disability, catastrophic financial ruin or the wrongful death of a loved one — the cap would remain the same. Such a policy is not only unjust, but also contrary to the principles of personal responsibility, fairness and accountability that Utahns hold dear.
When we strip individuals of their ability to seek full and fair compensation for life-altering injuries, we erode the very foundation of our society. We diminish personal responsibility, weaken community trust and compromise the well-being of those who suffer the most. This is not justice.
I urge every Utahn to review the proposed legislation. Then, ask yourself: If you or a loved one were injured due to medical negligence, would one million dollars truly be enough to cover your pain, suffering and lifelong medical expenses? Is your life, health and ability to provide for your family worth more than that arbitrary figure? Should the law prioritize the financial interests of insurance companies over the well-being of injured patients?
HB503 does not serve justice, and it does not serve Utahns. We must reject this harmful legislation and stand for accountability, fairness and the rights of those who need justice the most.