Interesting perspective. Out of curiosity, do you believe a patient is ever justified in suing a physician or hospital? If so, what if the harm they suffer exceeds the dollar amount of an arbitrary damages cap?
Of course. Don't be ridiculous. However, the grounds for such suits should be well-founded, and the loser should pay the prevailing parties costs. Also, I think there should be professional jurors, so they can't be scammed by the likes of John Edwards and others like him. Rules like these would cut out a lot of the frivolous lawsuits.
If so, what if the harm they suffer exceeds the dollar amount of an arbitrary damages cap?
There is no "arbitrary damages cap" and there will never be one. However, there should be caps on the nonquantifiable "pain and suffering".