The nightmare is all too real. An out of control gas tanker barrels down on a commuter on the way home from work. A long day on the road has made the driver tired, and he doesn't step on the breaks soon enough. When he does they don't respond as they should, the company, with its record of terrible maintenance is on the hook as the commuter is badly shaken up but escapes relatively unharmed.

Across town a woman goes in for a checkup after having shoulder surgery. The wound is a little puffier than it should but appears normal. It is a day later when the septic infection, a result of the improper sterilization of the surgeon's knife, sets in. By the time the problem is recognized the patient is left with life long pain.

Who should be held responsible? Should the commuter be awarded a million dollar settlement while the malpractice patient gets no more than a quarter of that amount. A few scary seconds versus a lifetime of pain and suffering? This is not the case today but if the administration gets the cap on medical malpractice they want it could soon be the case for your son or daughter.