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Officials with consumer advocacy groups say the real victims will not be attorneys — who can specialize in another field of law — but the victims of medical negligence. They will suffer the most because of the higher fees and investigative time associated with bringing a malpractice case on a contingency basis, they say.
Public Citizen, a nonprofit organization founded by Ralph Nader, represents consumer interests in the courts and remains vocal against the caps.
"Attorneys can practice in any field," said Jackson Williams, legislative counsel for Public Citizen in Washington, D.C. "But the bad doctors will keep being negligent and then there will be no one out there to protect the victims' rights."
Joanne Doroshow, executive director of The Center for Justice & Democracy, says the insurance industry should be monitored and regulated by the government.
"There will be no impact on (medical malpractice insurance) rates until there is extensive tort reform to regulate the insurance industry," Doroshow said. "Most states like Florida have loose regulations over insurance companies. They need to be regulated."
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