Capping Non Economic Awards In Medical Malpractice Trials

Author : Nicholas Michael Pace
Publisher : Rand Corporation
ISBN 13 : 9780833036650
Total Pages : 83 pages
Book Rating : 4.53/5 ( download)

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Download or read book Capping Non-economic Awards in Medical Malpractice Trials written by Nicholas Michael Pace and published by Rand Corporation. This book was released on 2004 with total page 83 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 :
Total Pages : 56 pages
Book Rating : 4.62/5 ( download)

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Download or read book Estimating the Effect of Damages Caps in Medical Malpractice Cases written by David A. Hyman and published by . This book was released on 2009 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 :
Total Pages : 36 pages
Book Rating : 4.83/5 ( download)

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Download or read book Medical Malpractice Liability Reform written by Henry Cohen and published by . This book was released on 2003 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Michael Dobbins
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4.30/5 ( download)

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Download or read book A Capital Mistake written by Michael Dobbins and published by . This book was released on 2004 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Neil Vidmar
Publisher :
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.14/5 ( download)

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Download or read book Medical Malpractice and the American Jury written by Neil Vidmar and published by . This book was released on 1995 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Returns the verdict on the performance of medical malpractice juries

Author :
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.82/5 ( download)

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Download or read book An Empirical Study of the Impact of Tort Reforms on Medical Malpractice Settlement Payments written by and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Ken Oliphant
Publisher : Walter de Gruyter
ISBN 13 : 3110270234
Total Pages : 592 pages
Book Rating : 4.35/5 ( download)

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Download or read book Medical Malpractice and Compensation in Global Perspective written by Ken Oliphant and published by Walter de Gruyter. This book was released on 2013-10-29 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 :
Total Pages : 17 pages
Book Rating : 4.14/5 ( download)

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Download or read book The Impact of the 2003 Texas Medical Malpractice Damages Cap on Physician Supply and Insurer Payouts written by Charles Silver and published by . This book was released on 2008* with total page 17 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Sofia Amaral-Garcia
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.70/5 ( download)

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Download or read book Non-economic Damages in Medical Malpractice Appeals : Does the Jurisdiction Make a Difference? written by Sofia Amaral-Garcia and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Texas
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.23/5 ( download)

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Download or read book Civil Practice and Remedies Code written by Texas and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: