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State Tort Reforms and Hospital Malpractice Costs

Published online by Cambridge University Press:  01 January 2021

Charles R. Ellington ,
Martey Dodoo ,
Robert Phillips ,
Ronald Szabat ,
Larry Green  and
Kim Bullock
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Extract

Medical liability remains a major concern among U.S. physicians, and according to the American Medical Association (AMA) the United States is currently experiencing its third fullblown medical liability crisis with many physicians limiting their practices as a result of rising malpractice costs. The AMA, many in the medical community, and several prominent politicians including former president George W. Bush have called for medical liability reform including caps on non-economic damages. Some researchers argue that the medical liability crisis has been overdrawn. Several studies have shown that the vast majority of patients injured through medical malpractice do not sue, that the insurance cycle is likely major contributor to rising malpractice insurance premiums, and that defensive medicine likely plays a minor role in rising health care costs. Further, evidence shows that malpractice damage caps may lead to a crossover effect where juries increase the amount of economic damages they award to offset limitations in non-economic damages available.

Type
Independent
Information
Journal of Law, Medicine & Ethics , Volume 38 , Issue 1 , Spring 2010 , pp. 127 - 133
Copyright
Copyright © American Society of Law, Medicine and Ethics 2010

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