| Constitutionality of Statutory Damage Caps |
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| Constitutionality of Statutory Damage Caps More... |
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| National Practitioner Data Bank |
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| National Practitioner Data Bank More... |
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| Patient Compensation Funds |
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| In response to the increased cost and reduced availability of medical malpractice insurance, about one-third of the states have created Patient Compensation Funds (PCF), which are malpractice liability funding mechanisms. Under PCF statutes, the liability of healthcare providers and institutions is limited to a specified amount, and the state establishes funds to compensate success malpractice plaintiffs for damages in excess of that specified amount. The provider or institution buys basic malpractice limits of coverage from a private insurer and further coverage through the PCF. More... |
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| Judicial Reduction of Damage Awards |
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| Judicial Reduction of Damage Awards More... |
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| Loss of Enjoyment of Life |
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| When a patient is injured by the negligence of a healthcare provider, his or her injuries may not be limited by the aches, pains, or physical deformities caused by the medical malpractice. Many courts now allow these plaintiffs to recover for the loss of enjoyment of life, which often occurs as the result of a permanent injury. What is the scope of damages for the loss of enjoyment of life, or hedonic damages? These awards compensate the injured patient for the loss of his or her former recreational, family, social, or career pursuits as well as the patient's future inability to perform elementary physical and intellectual tasks taken for granted by most people. More... |
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