TITLE

UNWISE AND UNNECESSARY: STATUTORY CAPS ON NON-ECONOMIC DAMAGES IN MEDICAL MALPRACTICE CASES AND THE APPELLATE REVIEW ALTERNATIVE

AUTHOR(S)
Emery, Ryan T.
PUB. DATE
May 2006
SOURCE
Albany Law Review;2006, Vol. 69 Issue 3, p913
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses statutory capitalization on non-economic damages in medical malpractice cases in the U.S. Non-economic damages can be defined as damages that cannot be measured in money. Among the possible impact of civil liability crisis resulting from excessive and unpredictable non-economic damages are relocation or early retirement of physicians and the practice of defensive medicine.
ACCESSION #
22604255

 

Related Articles

  • A Proposal to Use Common Ground that Exists Between the Medical and Legal Professions to Promote a Culture of Safety. Pegalis, Steven E. // New York Law School Law Review;2006/2007, Vol. 51 Issue 4, p1057 

    The article focuses on the participation of doctors and lawyers of patients injured due to medical errors in using civil liability tort system to advocate patient safety. It stresses that doctors must view liability cases as a better alternative to more severe consequences. The considerations...

  • Tort Reform's Tug-Of-War. Bowers, Paige // Georgia Trend;Mar2003, Vol. 18 Issue 7, p75 

    Reports that the Georgia Chamber of Commerce, the Medical Association of Georgia and the Georgia Hospital Association want the passage of a malpractice tort reform legislation to control damage awards of medical malpractice lawsuits. Effect of malpractice torts on the economy and economic...

  • Regulating Doctors. Schneider, Carl E. // Hastings Center Report;Jul/Aug99, Vol. 29 Issue 4, p21 

    Discusses the views of doctors to the laws on medical malpractice. Impressions of doctors on juries; Issue on the practice of defensive medicine; Status of the medical malpractice system.

  • DEFENSIVE MEDICINE: A CULPRIT IN SPIKING HEALTHCARE COSTS. SEGAL, JEFFREY // Medical Economics;5/25/2012, Vol. 89 Issue 10, p70 

    The article presents a discussion on unnecessary tests and procedures ordered by physicians, including the implications of defensive medicine. A 2010 poll conducted by the Gallup organization reveals that out of every 4 dollars spent in healthcare, 1 dollar can be attributed to tests and...

  • Tort Reform Takes Big Hits, but Keeps on Ticking. Bitterman, Robert A. // ED Legal Letter;May2010, Vol. 21 Issue 5, p49 

    The article discusses tort reform, which refers to proposals to limit the prevalence of legal claims prosecuted or limiting excessive damage awards. It cites the case Lebron v. Gottlieb Memorial Hospital in Illinois wherein the Illinois Supreme Court invalidated legislative attempts to limit...

  • Medical malpractice caps a bad operation for Texans. Rasansky, Jeffrey // Fort Worth Business Press;4/10/2003, Vol. 16 Issue 14, p32 

    Discusses the flaws of a tort reform bill in Texas that revises the state's medical malpractice statute to limit non-economic damages to certain amount of dollars. Definition of economic and non-economic damages under the bill; Problem that could arise with the legislation; Damages that would...

  • Uncovering the Silent Victims of the American Medical Liability System. Shepherd, Joanna // Vanderbilt Law Review;Jan2014, Vol. 67 Issue 1, p151 

    A frequently overlooked problem with the current medical liability system is the vast number of medical errors that go uncompensated. Although studies indicate that 1% of hospital patients are victims of medical negligence, fewer than 2% of these injured patients file claims. In this Article, I...

  • Texas, Florida watching effects of med mal reforms. Bradford, Michael // Business Insurance;2/16/2004, Vol. 38 Issue 7, p20 

    In a tale of two states' medical malpractice reforms, proponents in one are calling it the best of times, while those in the other say that not much is likely to change. While tort reformers can claim success in both Texas and Florida, the laws that cap noneconomic damages in the two states are...

  • PRACACTITIONER'S CORNER: PHYSICIAN WORK/INVESTMENT AND DEFENSIVE MEDICINE IN A DECADE OF TORT REFORM. Williams, Jackson // Health Law & Policy;Spring2012, Vol. 6 Issue 1, p34 

    The article discusses issues related to implementing tort reform in the U.S. It is noted that tort law deals with reparations for injuries caused by medical negligence or malpractice. It is stated that defensive medicine mechanism is predominant in "tort reform" and decreasing liability could...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics