Personal Injury lawyers get to wear the white hat

Okay, generally this blog, and most everyone on the planet give personal injury lawyers a hard time for being crass ambulance-chasing opportunists; some of whom provide half-assed service to their injured clients because they maintain such a high caseload in order to increase their profits.

That said, with Endoscopy Center of Southern Nevada taking on the role of dastardly villain for potentially spreading Hep-C/HIV to 40,000 Vegas residents, the PI lawyers are coming to the rescue. The Review-Journal reports:

Just as local trial attorneys begin preparing massive class-action cases against the Endoscopy Center of Southern Nevada, they're running into a potentially big roadblock: a $350,000 state cap on emotional damages in medical-malpractice lawsuits.

The limit applies to compensation for pain and suffering, but it places no restrictions on damages related to medical care, lost wages, living expenses and other direct costs. Now, lawyers are looking for ways around the pain-and-suffering cap, which Nevada voters approved in a 2004 ballot question.

Robert Eglet, a senior partner at Mainor Eglet Cottle, said his law firm filed several types of claims in two class actions on Monday and Tuesday, as well as a civil case on Wednesday. On top of medical malpractice, Eglet's clients are suing the clinic's operators for fraud, civil conspiracy and negligent hiring, training and supervision. Eglet and other attorneys also are suing for product liability.

Pretty inventive lawyering to get around the $350k Nevada emotional damages cap:

A civil-conspiracy case Eglet filed Wednesday includes not just the center's doctors, but also its nurses, physicians' assistants and sister companies. The idea: If lawyers can move claims beyond malpractice alone, they can seek pain-and-suffering damages well beyond the $350,000 cap.

Eglet acknowledged that attempts to avoid the ceiling on emotional damages will be an "uphill battle," but he said justice for his clients demanded the effort.

It's a good case for the PI firms. Not many people are going to feel sorry for Endoscopy Center of Southern Nevada. Good job PI attorneys. Live it up before public sentiment returns to the idea that you're just a little higher on the scum chain than used car salesmen.