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Medical malpractice tort reforms often include maximum limits on plaintiffs' attorney fees, such as the percentage schedule in California's Medical Injury Compensation Reform Act of 1975. In 2004, Florida passed a constitutional amendment limiting contingent fees in medical malpractice cases. [27] [clarification needed]
The Medical Injury Compensation Reform Act (MICRA) of 1975 was a statute enacted by the California Legislature in September 1975 [1] and signed into law by Governor Jerry Brown in September. [2] This Act was intended to lower medical malpractice liability insurance premiums for healthcare providers in California by decreasing their potential ...
Several states also have exceptions to the American rule in both statutes and case law. For example, in California, the Consumers Legal Remedies Act allows plaintiffs to recover attorney's fees, [7] and in insurance bad faith cases, a policyholder may be able to recover attorney's fees as a separate component of damages. [8]
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As an argument against the current system, tort reformers link the rising costs of premiums for physicians' medical malpractice insurance [18] to the rising cost of personal and group policy health insurance coverage. California's Medical Injury Compensation Reform Act has been cited as a model for tort reform in health care. Others deny that ...
[46] The study found that this is true "for all patient care physicians in Texas, high-malpractice-risk specialties, primary care physicians, and rural physicians. [46] Plaintiffs' lawyers say that the Texas law prevents patients from getting compensation or damages even in cases where the patient clearly deserves it.
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