Is There a Cap on How Much You Can Sue for in a Malpractice Case?
A much-debated part of proposed tort reform is the establishment of a national limit on the amount a health care provider must pay out in a malpractice suit. Some say a cap is needed to reduce insurance premiums and ruinous judgments. Others believe that because there is no cap on the amount of suffering and financial loss a neglectful or inept doctor can cause, there should be no limit on what that doctor should pay. As of July 2011, there is still no national cap, but some states have taken the matter into there own hands.
State Caps
According to the American Medical Association, as of January 2011, 26 states have imposed a limit on damages for pain and suffering, known as "non-economic damages." The limits range from $250,000 in California, Texas and other states to $1.5 million in Florida. Six states have limited all damages, including economic, non-economic and punitive. Seven states' caps were struck down in the courts.
Cap Justification
In addition to reducing excessive awards and malpractice insurance costs, proponents of malpractice caps believe fear is a factor. They argue that removing the fear of being hit with an exessive judgment would free doctors from feeling they must prescribe unneeded, expensive tests and procedures on the outside chance that not ordering the tests would be used against them in a malpractice suit. According to the George Washington University Department of Medicine, a national cap could save the federal government as much as $54 billion over 10 years, most of the saving coming from less "defensive medicine."
A Problem with Caps
In 2011, Joyce and Robert Cull of California explained to Congress how California's cap on malpractice suits made it almost impossible to find out how their 17-year-old daughter, Olivia, died. The hospital originally gave the cause of death as asphyxia. Only after an attorney agreed to handle the case pro bono did the Culls learn there was much more to Olivia's death. Because California limits the amount attorneys can collect in such a suit, few lawyers will put forth the expense and manpower required to win without the hope of being paid well at the suit's conclusion.
Insurance Costs
According to a March 2011 New York Times article, states that have instituted caps on malpractice awards have not seen a dramatic decrease in the amount insurance companies charge doctors for malpractice insurance. Caps have slowed the rate of increase in malpractice premiums, but the huge savings predicted by cap proponents has not materialized, according to the article. However, Lawrence E. Smarr, president of Physician Insurers Association of America, said that competition will eventually drive the premiums down.
Can Your Creditors Still Sue You After Bankruptcy?
www.askmrcreditcard.com/.../can-your-creditors-still-sue-you-after...I think my biggest fear after bankruptcy was that my creditors would still be able to collect money from me, or to sue me/ garnish my wages somehow. When m
How Much is My Medical Malpractice Case Worth?
www.medicalattorneyny.com/Medical-Malpractice/Medical-Malpractice...What Is The Worth of a Medical Malpractice Claim? Determining the worth of a medical malpractice case is extremely important because it could help you decide how much ...
Medical Malpractice - 10 Reasons Why You Shouldn't Sue Your
ezinearticles.com Legal Medical MalpracticeSep 21, 2006 Learn ten common reasons why you do not want to sue your New York doctor. Find out why many of these reasons prevent an injured victim from bringing a ...
Can You Sue Your Lawyer for Malpractice? - Yahoo! Voices -
voices.yahoo.com/can-sue-lawyer-malpractice-237541.htmlMar 16, 2007 You know that you hire a lawyer when you want to sue someone, but what if he botches the case? Can you sue your lawyer for malpractice when he
New York Medical Malpractice Trial Lawyer representing injured ...
www.oginski-law.comNew York medical malpractice lawyer Gerald M. Oginski represents residents of Queens, Brooklyn, Bronx, Manhattan, Staten Island and Nassau and Suffolk Counties
Can a collection agency sue you - The Q&A wiki
wiki.answers.com Credit Credit and Debit CardsA collection company CAN take you to court to get it's money, however, this is unlikely for debts under $1500. It is unlikely a collection company would be willing to ...
Harmed in the hospital? Should you sue? - CNN.com
www.cnn.com/2011/HEALTH/03/24/ep.malpractice.sue.or.not/index.htmlMar 24, 2011 Ryan and Leah Jeffers filed a lawsuit against Sacramento's Methodist Hospital, alleging malpractice for their daughter, Malyia.
Medical Malpractice: Can I Sue the Hospital? - Lawyers.com
medical-malpractice.lawyers.com/Medical-Malpractice-Can-I-Sue-the...People - like doctors and nurses - aren't the only ones who can be sued for medical malpractice. In some cases, it's possible to sue the hospital or other health care ...
Medical Malpractice: When Can Patients Sue a Hospital for ...
www.nolo.com Accidents & Injuries Medical MalpracticeIf you are injured when receiving treatment in a hospital, can you sue the hospital for negligence or medical malpractice? Though hospitals are often on the hook for ...
Can I Sue My Lawyer for Malpractice - Bids from Lawyers
bidsfromlawyers.com/files/SuingLawyer.htmlCan I Sue My Lawyer for Malpractice? When you trust a lawyer with your legal matters it can be unexpected and disappointing to discover that he or she has ...
Veterans Medical Malpractice Questions - Veteran's Administration ...
www.veteranmedicalmalpractice.com/faq.htmlVeterans Medical Malpractice Questions. How does a medical malpractice case against the VA work? What has to happen for me to file a claim for medical malpractice ...
Patient Safety and Medical Malpractice: A Case Study FREE
annals.org/article.aspx?articleid=716661From the Harvard School of Public Health, Harvard Medical School, and Brigham and Women's Hospital, Boston, Massachusetts. *This paper was prepared by Troyen A ...
How Much Pain and Suffering is Enough to Sue? - Injured
blogs.findlaw.com/...much-pain-and-suffering-is-enough-to-sue.htmlWhen you're injured, whether by accident or intentionally, you may also want to sue for
Civil Law Suits - How To Information eHow
www.ehow.com Legal Other Areas of LawDon't just sit there scratching your head, find useful info on Civil Law Suits on eHow. Get essential tips and learn more about everything from Who Delivers Court ...
Michigan McCullough, Campbell & Lane A Chicago Law Firm ...
www.mcandl.com/michigan.htmlMuch of Michigan law on medical malpractice is codified at Mich. Comp. Laws Ann. 600.2912 through 600.2912h (West 2000). Subjects covered there include the ...
When Should You Sue? Nolo.com - Lawyers, Legal Forms, Law
www.nolo.com If, When & Where to File a LawsuitBefore you file a lawsuit, you need to decide a few things about your potential case.
How to Sue a Dentist eHow
www.ehow.com Legal Other Areas of Law Other LawsAlthough people normally avoid court, you may have a good reason to consider bringing a lawsuit against your dentist. The most common reason that people decide to sue ...
Medical malpractice - Wikipedia, the free encyclopedia
en.wikipedia.org/wiki/Medical_malpractice1 Frequency and cost of medical errors; 2 The medical malpractice claim. 2.1 The parties; 2.2 Elements of the case; 2.3 The trial; 2.4 Expert testimony; 2.5 Damages
Medical Malpractice Attorneys and Lawyers
attorneypages.com/577Find experienced Medical Malpractice lawyers, attorneys and law firms in your area to help you with your legal needs.
Medical Malpractice in California: Lawsuit, Laws and Caps on ...
www.medicalmalpractice.com/.../california-lawsuit-cap.htmMedical malpractice and medical negligence cases stem from mistakes by a doctor or other medical professional that cause suffering, injury or the death of a patient.
Texas McCullough, Campbell & Lane A Chicago Law Firm ...
www.mcandl.com/texas.htmlTexas adopted a comprehensive tort reform bill in 2003 that codified most statutes applicable to the broad class of health care liability claims at Tex. Civ ...
How much can a lawyer charge for fees on a Social Security case ...
www.socialsecurityinsider.com/...much-can...on-a-social-security-caseSocial Security fee agreements take one of two forms: Contingency based: If you win, the attorney gets 25% of your back benefits up to a $5,300 $6,000 cap.
Claims, Errors, and Compensation Payments in Medical Malpractice ...
www.nejm.org/doi/full/10.1056/NEJMsa054479Special Article from The New England Journal of Medicine Claims, Errors, and Compensation Payments in Medical Malpractice Litigation
Maryland Medical Malpractice Attorney, Medical malpractice
www.gblawyers.com/practice-areas/medical-malpracticeMaryland medical malpractice attorneys, Greenberg & Bederman, also serving DC and VA. Free medical malpractice legal consultations from the lawyers you've grown to ...
0 komentar
Posting Komentar