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Jury Verdict Research, a database of plaintiff and defense verdicts, says awards in medical liability cases increased 43 percent in 1999, from $700,000 to $1,000,000. However, more recent research from the U.S. Department of Justice has found that median medical malpractice awards in states range from $109,000 to $195,000.
Tort law. Non-economic damages caps are tort reforms to limit ( i.e., "cap") damages in lawsuits for subjective, non-pecuniary harms such as pain, suffering, inconvenience, emotional distress, loss of society and companionship, loss of consortium, and loss of enjoyment of life. [ 1][ 2] This is opposed to economic damages, which encompasses ...
Statute of limitations. A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. [ 1][ 2] In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and ...
t. e. Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. [ 1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
Equitable doctrines. In common-law legal systems, laches ( / ˈlætʃɪz / LAT-chiz / ˈleɪtʃɪz /; Law French: remissness, dilatoriness, from Old French laschesse) is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity. It is an unreasonable delay ...
Furthermore, malpractice pressure actually forces our hospitals to be technically more efficient. This implies that existence of the medical malpractice system is beneficial, and its strength should not be diluted by either putting caps on non-economic damages or by decreasing the statute of limitations."
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