What are some medical malpractice laws and what purpose do they serve?
Public Comments
- Each state has laws relating to malpractice. The purpose is to establish rules that are different from other tort statues. They create a "standard of care" basis for a claim. In California a reform law was passed in the 1970's to put a cap on non-economic damages and to limit the cut the lawyers get. As a consequence, there is some 'normality' to the expectations in court. In other tort suits the defense only wins 50% of the time. In Malpractice cases the defense wins 80% of the time. That means there are a lot of flimsy cases.
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