Capping Non-economic Awards in Medical Malpractice Trials PDF Download
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Author: Nicholas Michael Pace
Publisher: Rand Corporation
ISBN: 9780833036650
Category : Law
Languages : en
Pages : 83
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Book Description
A model for limits on trial awards and attorneys' fees in medical malpractice cases is the Medical Injury Compensation Reform Act (MICRA), a law enacted in California in 1975 in the hope of controlling soaring medical malpractice insurance premiums and ensuring the continuing availability of malpractice insurance. MICRA caps awards for non-economic losses at $250,000 and limits plaintiffs' attorney fees. The authors examine the effects these limits have on both plaintiffs' awards and defendants' liabilities.
Author: Nicholas Michael Pace
Publisher: Rand Corporation
ISBN: 9780833036650
Category : Law
Languages : en
Pages : 83
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Book Description
A model for limits on trial awards and attorneys' fees in medical malpractice cases is the Medical Injury Compensation Reform Act (MICRA), a law enacted in California in 1975 in the hope of controlling soaring medical malpractice insurance premiums and ensuring the continuing availability of malpractice insurance. MICRA caps awards for non-economic losses at $250,000 and limits plaintiffs' attorney fees. The authors examine the effects these limits have on both plaintiffs' awards and defendants' liabilities.
Author: David A. Hyman
Publisher:
ISBN:
Category :
Languages : en
Pages : 56
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Book Description
Using claim-level data, we estimate the effect of Texas's 2003 cap on non-economic damages on jury verdicts, post-verdict payouts, and settlements in medical malpractice cases closed during 1988-2004. For pro-plaintiff jury verdicts, the cap affects 47 percent of verdicts, and reduces mean allowed non-economic damages, mean allowed verdict, and mean total payout by 73 percent, 38 percent, and 27 percent, respectively. In total, the non-econ cap reduces adjusted verdicts by $156M, but predicted payouts by only $60M. The impact on payouts is smaller because a substantial portion of the above-cap damage awards were not being paid to begin with. In cases settled without trial, the non-econ cap affects 18 percent of cases and reduces predicted mean total payout) by 18 percent. The non-econ cap has a smaller impact on settled cases than tried cases because settled cases tend to involve smaller payouts. The impact of the non-econ cap varies across plaintiff categories. Deceased, unemployed, and (likely) elderly plaintiffs suffer a larger percentage reduction in payouts than living, employed, and non-elderly plaintiffs. We also simulate the effects of different caps, and find substantial differences in cap stringency across states. Different caps reduce aggregate payouts in tried cases (all cases) by between 16 percent and 65 percent (7 percent and 42 percent). Caps on total damages have especially large effects.
Author: Henry Cohen
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 36
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Book Description
Author: Michael Dobbins
Publisher:
ISBN:
Category : Medical laws and legislation
Languages : en
Pages : 96
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Book Description
Author: Neil Vidmar
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
Returns the verdict on the performance of medical malpractice juries
Author: Ken Oliphant
Publisher: Walter de Gruyter
ISBN: 3110270234
Category : Law
Languages : en
Pages : 592
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Book Description
The papers in this collection are drawn from a symposium held in Vienna in December 2010. Organised by the Institute for European Tort Law and the Chicago-Kent Law Review, in collaboration with the European Centre of Tort and Insurance Law, the conference drew together legal experts from 14 national or regional systems across six continents. Medical malpractice and compensation for medical injuries are issues which regularly create tension and innovation in national legal systems but the analysis of these areas is often limited to national audiences. This study examines the issues in a uniquely global context, demonstrating the breadth of approaches currently taken around the world and revealing key areas of tension and the likely direction of future developments. Wherever possible, the analysis is supported by reference to empirical data. The 14 legal systems covered in the collection are Austria, Brazil, Canada, China, France, Germany, Italy, Japan, New Zealand, Poland, Scandinavia, South Africa, the United Kingdom and the United States. A general comparative introduction completes the collection.
Author: Charles Silver
Publisher:
ISBN:
Category : Physicians
Languages : en
Pages : 17
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Author:
Publisher:
ISBN:
Category : Actions and defenses
Languages : en
Pages :
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Book Description
This study evaluates the impact of six different types of tort reforms on the frequency, size and number of total annual settlements in medical malpractice cases between 1991 and 1998. Previous studies have failed to correctly identify the effective dates of reforms, to account for the retroactive applicability of striking down reforms, or used highly selected samples of jury verdicts or litigated cases. I employ a new legal data set of tort reforms, which carefully evaluates effective dates as well as when certain laws were overturned. Medical malpractice data comes from the National Practitioner Data Bank, which contains more than 100,000 malpractice settlement payments in the study time frame. The data represent the universe of cases in which doctors paid a positive settlement. Thus, the present study has significant advantages over previous work for being the first study to systematically and adequately explore the impact of tort reform on settlements (in contrast to judgments). Of the six tort reforms examined, two reforms (caps on pain-and-suffering damages and limitations on joint and several liability) reduced the number of annual payments, and two reforms (caps on pain-and-suffering damages and the periodic payment reform) reduced average awards. Caps on non-economic damages had an effect on total annual payments, although the statistical significance of that effect was weak. The joint effect of enacting all six reforms was statistically significant for reducing the number of cases but not the state level average award or total payments.
Author: Sofia Amaral-Garcia
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health
Publisher:
ISBN:
Category : Medical care
Languages : en
Pages : 322
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Book Description
