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An analysis of a random sample of 1452 closed malpractice claims from five U.S. liability insurers showed that the average time between injury and resolution was 5 years. [10] Indemnity costs were $376 million, and defense administration cost $73 million, resulting in total costs of $449 million.
Doctors' groups, patients, and insurance companies have criticized medical malpractice litigation as expensive, adversarial, unpredictable, and inefficient. They claim that the cost of medical malpractice litigation in the United States has steadily increased at almost 12 percent annually since 1975. [26]
The attorney is prevented from contracting for a price that he feels is fair. As a practical effect, fewer attorneys are willing to take medical malpractice cases. Regulation also has emboldened malpractice insurance carriers to take cases all the way to trial, instead of settling the cases, because their potential exposure is capped.
Even in states where laws protect minors’ access to gender-affirming care, malpractice insurance premiums are keeping small and independent clinics from treating patients.
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The negligent act is called legal malpractice and the insuring contract is called lawyers professional liability insurance. or LPL [3] Malpractice coverage is very important to attorneys because a bad case can produce a lot of bad publicity that can significantly harm a law firm's reputation. Nearly all LPL policies are claims made.
Within the United States, the impact of damages caps on the number of malpractice claims paid out by insurance companies varies by state and, in many states, reviews of malpractice premiums following the implementation of damages caps showed that the caps had no effect on premiums. [12]
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