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damage caps

Do Damage Caps Work?

August 5, 2016

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

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Filed Under: Uncategorized Tagged With: award, caps, damage caps, liability, limits, non-economic damages, tort, tort reform

Tort Reform Update – Missouri Malpractice Damages Cap to be Reinstated?

March 23, 2015

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

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Filed Under: Uncategorized Tagged With: bill, damage caps, judicial, legal, legislation, Missouri, non-economic damages, senate

White Coat Rally for Tort Reform in Missouri

January 21, 2015

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

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Filed Under: Uncategorized Tagged With: bill, damage caps, healthcare reform, legal, legislation, non-economic damages, ruling, tort

California Damage Caps Not Out of the Woods Yet

December 8, 2014

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

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Filed Under: Uncategorized Tagged With: California, court, damage caps, judicial, legal, legislation, non-economic damages, pain and suffering, tort reform

Voters Reject Proposition 46: No to Random Drug Testing and Raising the Damages Cap

November 11, 2014

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

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Filed Under: Uncategorized Tagged With: California, damage caps, judicial, legal, legislation, non-economic damages, pain and suffering, proposition, tort reform, vote

Election Day is Coming Up – What will be the Fate of Proposition 46?

November 2, 2014

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

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Filed Under: Uncategorized Tagged With: California, damage caps, judicial, legal, legislation, non-economic damages, pain and suffering, proposition, tort reform, vote

Proposition 46 Making Waves in California and Nationwide

August 25, 2014

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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Filed Under: Uncategorized Tagged With: California, damage caps, judicial, legal, legislation, non-economic damages, pain and suffering, proposition, tort reform, vote

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