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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]
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.
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]
The state Supreme Court has decided that doctors and hospitals were entitled in limited cases to immunity from pandemic-era medical malpractice claims, but the justices raised doubts about such ...
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).
Florida joined that list in 2014 when the Florida Supreme Court struck down its cap on non-economic damages in medical malpractice cases involving wrongful death. [ 5 ] California law does not include any provision to adjust the cap for inflation, so it has remained at $250,000 since it was enacted in 1975.
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Louisiana's Republican-controlled Senate advanced a bill Monday that would empower state and local law enforcement to arrest and jail people in the state who entered the U.S. illegally, similar to ...