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In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
Following 2003, medical malpractice insurance rates were reduced in Texas. [ 43 ] [ 45 ] However, the Center for Justice & Democracy at New York Law School reports that rate reductions are likely attributable not to tort laws, but because of broader trends, such as "political pressure, the size of prior rate hikes, and the impact of the ...
Texas law included remedies against retaliation for whistleblowers, but no known U.S. state had whistleblower laws that addressed appropriate prosecutorial conduct. According to the Texas Nurses Association, "No one ever imagined that a nurse would be criminally prosecuted for reporting a patient care concern to a licensing agency."
Proponents of tort reform thus endorse caps on non-economic damages in medical malpractice claims as a way to reduce the extent to which physicians practice defensive medicine, the provision of unnecessary medical care in order to avoid potential liability, and would increase access to health care.
A Nebraska law that combined abortion restrictions with another measure to limit gender-affirming health care for minors does not violate a state constitutional amendment requiring bills to stick ...
Zeiler et al. Physicians' Insurance Limits and Malpractice Payments: Evidence from Texas Closed Claims, 1990–2003, Journal of Legal Studies 36:S2 (June 2007) Black et al. Do Defendants Pay What Juries Award? Post-Verdict Haircuts in Texas Medical Malpractice Cases, 1988–2003, Journal of Empirical Legal Studies 4:3 (March 2007).
Women in six U.S. states are now effectively allowed to be topless in public, according to a new ruling by the U.S. 10th Circuit Court of Appeals.. The decision stems from a multiyear legal battle ...
The law signed by Gov. Jim Pillen in April makes Nebraska the first in the nation to adopt a model recommended by the Veterans Justice Commission, co-chaired by a former U.S. senator from Nebraska ...
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