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December 2017 Newsletter

Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including...

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Current Medical Liability Laws

 

Damage Caps None
Joint Liability Reform Yes. Defendants are responsible only for their proportionate share of negligence. However, if within one year after the final judgment the court determines that all or part of a defendant’s proportionate share is uncollectible, it shall reallocate the uncollectible non-economic damages among other defendants according to their percentages of negligence. The court may not reallocate to any such defendant an amount greater than that defendant’s percentage of negligence multiplied by such uncollectible amount.
Collateral Source Reform Yes, benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, minus any amount paid by the claimant to secure the benefit.
Attorney Fees Limited Yes, limited to 33 1/3% of the first $300,000; 25% of the next $300,000, 20% of the next $300,000, 15% of the next $300,000, and 10% of amounts exceeding $1.2 million.
Periodic Payments Permitted For damages exceeding $200,000, the court shall give the parties 60 days to negotiate an agreement on method of payment, either in lump sum, periodic payments, or a combination thereof. If they cannot agree, the judge must order payment in a lump sum.