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September 2017 Newsletter

Liability concerns drive up defensive medicine, cost of care Providing treatment above what is medically necessary to fend off the threat of a lawsuit continues to be a trend – and a major driver of health care cost increases. A study of over 2100 physicians conducted...

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Brace Yourself for an Ob/Gyn Shortage by 2020

Depending on where you live in the United States, it could already be tough to find an obstetrician/gynecologist—almost half of U.S. counties lack one, according to the U.S. Bureau of Labor Statistics. But recent studies show that the problem is only going to get...

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Current Medical Liability Laws 

 

Damage Caps $350,000 cap on non- economic damages. (2004)
Joint Liability Reform Yes. Defendants only severally liable for economic or non-economic damages in medical liability cases. (2004)
Collateral Source Reform Yes. The judge must reduce the verdict by the amount of any collateral benefits. Third parties are no longer permitted to recover from the defendant the expenses they have paid on behalf of a medical liability victim. (2004)
Attorney Fees Limited Yes. 40% percent of the first $50,000 recovered; 33 1/3% of the next $50,000; 25% of the next $500,000 recovered; and 15% of the amount of recovery that exceeds $600,000. (2004).
Periodic Payments Permitted Yes. When an award equals or exceeds $50,000 in future damages, the court must allow the same to be paid in periodic payments instead of a lump sum, if requested by either party.