In the world of tort reform caps, or statutory limits on non-economic damages in malpractice cases, are one of the oldest and most common approaches. However, these caps are also one of the most controversial methods of reigning in what many see as out of control and unbridled liability awards. We’ve talked about some of
READ MOREdamage caps
Tort Reform Update – Missouri Malpractice Damages Cap to be Reinstated?
While we’ve seen many states lose caps on non-economic damages to judicial review in recent years, Missouri is now one step closer to reinstating them. From 2005 to 2012 Missouri had a cap of $350,000 on non-economic damages (i.e. pain and suffering) in medical malpractice cases. However, in 2012 that cap was deemed to be
READ MOREWhite Coat Rally for Tort Reform in Missouri
In July of 2012 the Missouri State Supreme Court ruled that limits on awards for non-economic damages in medical malpractice lawsuits are unconstitutional. Prior to that ruling Missouri had a cap in place of $350,000, which had been signed into law by the Missouri legislature and, then Governor, Matt Blunt in 2005. Experts believe that
READ MORECalifornia Damage Caps Not Out of the Woods Yet
If you thought that the defeat of Proposition 46 in the recent midterm elections signaled stability for California’s longstanding limits on noneconomic damage awards in medical malpractice cases you were wrong. On November 26, at the urging of Consumer Watchdog, the trial lawyer supported non-profit that was instrumental in funding the Proposition 46 campaign, the
READ MOREVoters Reject Proposition 46: No to Random Drug Testing and Raising the Damages Cap
California voters rejected Proposition 46 on Tuesday by a more than 2 to 1 margin. The ballot initiative, would have raised caps on noneconomic damages in malpractice cases from $250,000 to over $1M, required doctors to submit to random, state mandated drug and alcohol tests, and required doctors to utilize a state run database when
READ MOREElection Day is Coming Up – What will be the Fate of Proposition 46?
Proposition 46, what is it? Proposition 46 is an initiative that will be on the ballot in California this coming Tuesday, November 4. The initiative has garnered widespread attention from both critics and proponents. The most outspoken critics have been doctors, malpractice insurers, and others in the healthcare industry, while the most vociferous proponents have
READ MOREProposition 46 Making Waves in California and Nationwide
The nation is watching as money begins to pour into campaigns for, and especially against, a ballot initiative called Proposition 46 which is set to be on the November 4th ballot in California. The initiative would do three things: It would raise the caps on non-economic damages in malpractice cases from $250,000 to $1.1M. It
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