Medical Malpractice Caps

Medical malpractice caps are limits put in place by states on the amount of compensation victims can be awarded in malpractice cases. Some legislators want a Federal medical malpractice cap but so far it has not happened. Tort reform which makes it possible for states to set caps on medical malpractice awards is believed to be needed in order to stop the rising cost of malpractice insurance for doctors, which in turn drives up the cost of medical care. Consumers and many experts disagree. They say that caps on malpractice cases prevent patients from getting a fair day in court. Attorneys are reluctant to take on medical malpractice cases due to them not being financially viable. When caps are in place victims often wind up with very little compensation after the attorney fees and court costs are deducted. This makes it hard for an attorney to knowingly take a case that is going to put the victim through the stress of the trial for no reason. Many states with medical malpractice caps are not seeing a decrease in malpractice insurance rates; in fact, some states are still seeing an increase. This negates the argument for malpractice caps.

Fast Facts

  • Medical costs have risen 75% since 1991.
  • From 1991 ヨ 2002 medical malpractice insurance rates rose 48.2% in states with caps; states without caps saw only a 35% increase in malpractice insurance rates.

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