Survey of the states.The 1996 legislative session in the states will bring multiple battles over "reform" of the time-tested rules for litigating medical malpractice Improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional. disputes. Although these battles are taking place in individual states, the issues are universal in the fight against "tort reform." In every state, proponents of this so-called reform argue that limiting a health care consumer's ability to hold negligent doctors accountable--or to recover damages--is the only way to lower spiraling medical costs. Recent efforts to limit the liability exposure of the insurance industry and physicians have resulted in a variety of measures. They include: * Imposing damages caps. The major thrust to restrict patients' rights The legal interests of persons who submit to medical treatment. For many years, common medical practice meant that physicians made decisions for their patients. This paternalistic view has gradually been supplanted by one promoting patient autonomy, whereby patients and has been in this area, and the greatest challenge consumers face is in turning away attempts to impose these caps. Several state legislatures have responded to the urgings of proponents-especially the insurance industry-by passing laws that limit a defendant's potential exposure to noneconomic damages. Other states are facing the issue in the current legislative session. Legislation in New York New York, state, United States New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of , for example, would limit awards for pain and suffering in medical and dental malpractice actions to $250,000.(1) Iowa, Maine, and South Dakota South Dakota (dəkō`tə), state in the N central United States. It is bordered by North Dakota (N), Minnesota and Iowa (E), Nebraska (S), and Wyoming and Montana (W). have drawn up similar bills.(2) Including those that passed legislation in 1995, 29 states have created laws that cap noneconomic damages.(3) Noneconomic damages generally are awarded for the suffering caused by miscarriages; injuries to the reproductive system reproductive system, in animals, the anatomical organs concerned with production of offspring. In humans and other mammals the female reproductive system produces the female reproductive cells (the eggs, or ova) and contains an organ in which development of the fetus ; loss of a limb or body part; scarring from injuries and burns; loss of hearing, sight, or another sense; and the wrongful death The taking of the life of an individual resulting from the willful or negligent act of another person or persons. If a person is killed because of the wrongful conduct of a person or persons, the decedent's heirs and other beneficiaries may file a wrongful death action of a loved one. A cap on noneconomic damages means that a wrongdoer is not fully accountable for his or her negligence. Rather, accountability is artificially limited by statute, regardless of the pain another person endures. In some states, these caps are imposed on all tort actions, while in others, only on medical malpractice or wrongful death actions. * Modifying the joint liability doctrine. Forty states have modified, and in a few cases abolished, the doctrine of joint liability.(4) * Allowing wrongdoers to pay in installments. Thirty-one states have enacted provisions allowing for periodic payments of certain damages by defendants. This means that plaintiffs may not be entitled to the full value of their damages at the time of an award and may have to wait until a later date to be compensated. In some states, such as Alabama, this requirement is discretionary (5) In others, such as Montana, it is mandatory.(6) * Setting up medical malpractice screening panels. These panels generally require that plaintiffs present their claims to a board before proceeding to court. The ostensible Apparent; visible; exhibited. Ostensible authority is power that a principal, either by design or through the absence of ordinary care, permits others to believe his or her agent possesses. purpose of the board is to weed out unsubstantiated claims. Some states have made these panels mandatory, while others have kept participation voluntary The panel's findings may be admitted as evidence in court depending on the state. In Delaware, for instance, the state has legislated a voluntary "malpractice review panel," the opinion of which is admissible (algorithm) admissible - A description of a search algorithm that is guaranteed to find a minimal solution path before any other solution paths, if a solution exists. An example of an admissible search algorithm is A* search. at trial.(7) In Hawaii, on the other hand, there is a mandatory requirement to submit claims to a "medical claim conciliation conciliation: see mediation. panel," whose findings are neither binding on the parties nor admissible in court.(8) The push for screening panels continues this year, with legislation proposed in both Alaska and West Virginia West Virginia, E central state of the United States. It is bordered by Pennsylvania and Maryland (N), Virginia (E and S), and Kentucky and, across the Ohio R., Ohio (W). Facts and Figures Area, 24,181 sq mi (62,629 sq km). Pop. that would create these panels.(9) * Setting up patient compensation funds (PCFs). PCFs are another method by which states try to hold down costs. States often implement these funds in the same legislation that puts caps on noneconomic damages. Where a PCF PCF - A simply typed, functional language. ["Fully Abstract Translations Between Functional Languages", J. Riecke, 18th POPL, pp. 245-254 (1991)]. ["LCF Considered as a Programming Language", Theor CS 5:223, 1977]. is in place, physicians are responsible for buying insurance up to a certain amount. When a doctor's malpractice requires a payout over that amount, the excess comes from the PCF. Physicians are assessed a fee for the fund's liability protection, which usually is a percentage of their liability insurance premium. Nine states have created these funds.(10) * Granting immunity Noun 1. granting immunity - an act exempting someone; "he was granted immunity from prosecution" exemption, immunity waiver, discharge, release - a formal written statement of relinquishment fix - an exemption granted after influence (e.g. . Another method for reducing costs would not just lower physicians' liability, but eliminate it altogether. During this legislative session alone, 11states are considering bills that would grant physicians and other health care practitioners immunity for negligent acts that are committed in certain settings.(11) For instance, a bill in California would exempt physicians and surgeons Physicians and surgeons are medical practitioners who treat illness and injury by prescribing medication, performing diagnostic tests and evaluations, performing surgery, and providing other medical services and advice. who volunteer at emergency shelters from liability for injuries or deaths caused by their acts or omissions.(12) A similar bill in Connecticut would grant immunity from negligence to those who provide free medical services at charitable clinics.(13) A Hawaii bill would protect physicians who prescribe or administer medication to relieve pain.(14) * Implementing a no-fault scheme. More radical attempts that would abolish the current legal system and impose a no-fault system for medical malpractice are being pushed in several states. No-fault would eliminate an injured patient's ability to hold a negligent doctor accountable in court. In Utah, a project directed by a consortium of provider groups would meld a no-fault system with an "enterprise liability element," placing on large health care systems the responsibility for improving care.(15) The intent is to remove medical malpractice issues from the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. setting, effectively eliminating lawyers from the process. In Colorado, a proposal would eliminate all access to the courts. A "quasigovernmental agency" would handle medical malpractice complaints, and there would be no need for legal representation. Recovery for noneconomic damages would be scrapped.(16) Unnecessary Reforms History has shown that these types of "reforms" are unnecessary. One premise on which "tort reformers" base their argument--that medical malpractice lawsuits are overburdening the courts--is fallacious. Medical malpractice cases constitute a minuscule minuscule Lowercase letters in calligraphy, in contrast to majuscule, or uppercase letters. Unlike majuscules, minuscules are not fully contained between two real or hypothetical lines; their stems can go above or below the line. percentage of all cases filed in state courts. The long-term growth in civil cases has been slowing. Total civil filings dropped by 2 percent from 1992 to 1993.(17) The trend continued in 1994, with filings dropping another 1 percent between 1993 and 1994.(18) Including domestic relations domestic relations. For psychological and sociological aspects, see marriage. For legal aspects, see divorce; husband and wife; parent and child. cases, 19 million civil cases were filed in 1994,(19) compared with 19.1 million in 1993 and 19.7 million in 1992.(20) Dividing these cases into categories reveals that about 1 million tort cases were filed in all state courts in 1993. Medical malpractice cases constitute only 7 percent of these filings.(21) Further, between 1982 and 1987, fewer than half of 1 percent of all medical malpractice claims went to trial and resulted in compensation from a jury; the frequency of claims did not change, and claims deemed frivolous by insurance companies did not increase.(22) Nor is the overall number of medical malpractice claims increasing. In a study of tort cases in state courts between 1991 and 1992, only 5 percent were found to involve medical malpractice.(23) Clearly, it is not medical malpractice cases that are crowding dockets: In 1992, nearly 70 percent of medical malpractice claims were settled,(24) and since 1985 only 5 percent of all medical malpractice claims filed went to a verdict.(25) Businesses suing businesses in contract disputes, by contrast, constitute nearly half of all federal cases filed between 1985 and 1991.(26) Further, according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the National Center for State Courts The National Center for State Courts, or NCSC, is a non-profit organization charged with improving judicial administration in the United States and around the world. It functions as a think-tank, library, non-profit consulting firm for the courts, advocate for judicial and , contract cases are more prevalent in both limited and general jurisdiction courts than all tort cases combined.(27) Studies by individual states confirm this. A 1995 study in Illinois showed that the number of business lawsuits stemming from contracts in that state outweighed tort filings seven to one.(28) Despite evidence that there is no litigation explosion, state "reformers" continue to push for liability limits, arguing that these will reduce health care costs. Although medical malpractice "reform" does not lower health care costs, it does decrease the ability of those wrongfully injured to punish negligent doctors. To assume that "tort reform" will increase access to health care and lower health care costs is to assume that limits on the liability of negligent physicians (that is, caps on noneconomic damages) will (1) stop the alleged insurance industry losses, (2) control spiraling health care costs. and (3) increase access to health care. Examining the underlying data, however, reveals a different picture. Caps Don't Lower Costs A recent, comprehensive analysis by the consumer advocacy group Citizen Action suggests that noneconomic damages caps increase insurers' profitability but do not benefit consumers.(29) A review of the insurance industry's own profitability figures for 1985, 1990, and 1992 as reported by the National Association of Insurance Commissioners The National Association of Insurance Commissioners (NAIC) is an Internal Revenue Code Section 501(c)(3) non-profit organization which seeks to organize the regulatory and supervisory efforts of the various state insurance commissioners from around the United States. shows that medical malpractice insurance profits increased in almost every state between 1985 and 1992, regardless of the presence of a damages cap.(30) In 1992,6 of the top 10 states in medical malpractice profitability did not have damages caps.(31) If, as "tort reform" proponents assert, insurance companies in states without damages caps are unable to pass any savings on to consumers, these states should show little or no profit. In fact, the opposite is true. Insurance companies are clearing healthy profits in states without damages caps as well as in states with caps.(32) Does the consumer benefit from these limits? The answer is no. Per capita [Latin, By the heads or polls.] A term used in the Descent and Distribution of the estate of one who dies without a will. It means to share and share alike according to the number of individuals. health care spending has not declined in states with caps on noneconomic damages, according to Citizen Action. Indeed, in almost all states, per capita spending has increased.(33) For example, in two states that have imposed the most severe types of reform--California and Indiana--data reveal no savings in health care costs.(34) California approved the Medical Injury Compensation Reform Act The Medical Injury Compensation Reform Act (MICRA) of 1975 was a California law designed lower medical malpractice premiums for Californians. Parts Micra Consists of the following parts: Similarly, Indiana passed a $750,000 cap on medical malpractice actions in 1989. The cap not only limits compensation for noneconomic injuries, it also limits compensation for wages, medical expenses, and treatment to $750,000, regardless of what the injured person pays out of pocket or what wages the person would have earned. Despite these severe measures, Citizen Action notes that per capita health care expenditures in the state in 1993 were 337 percent of what they were in 1980. Thus, reform did nothing to slow down health care costs. A comparison of average annual medical malpractice insurance rates (the premiums physicians pay for liability insurance each year) shows that caps are, at the least, ineffectual. They do not decrease average annual rates(37) and may prevent them from going down. If caps were effective in reducing medical malpractice insurance premiums as proponents argue, then rates would have decreased only in states that have implemented caps. This is not the case--rates are decreasing in all states. Indeed, a review of states that have removed noneconomic damages caps also refutes this argument and shows that these states too have experienced a decline in rates. Had caps been affecting rate decreases, rates should have gone up when the caps were removed. However, rates went down, strengthening the argument that an absence of caps actually better promotes lower insurance rates.(38) In 1991, the Alabama courts held a $400,000 cap on noneconomic damages in medical malpractice actions unconstitutional. Average annual insurance rates in the state for individual physicians have since declined by about $1,200.(39) In 1976, Illinois found unconstitutional a $500,000 cap on all damages in medical malpractice cases. Average insurance rates in that state have been on a steady decline, going from $36,348 in 1987 to $21,764 in 1994.(40) Despite these numbers, the state imposed another damages cap in 1995, this time limiting $500,000.(41) Another constitutional challenge is under way.(42) The Minnesota legislature The Minnesota Legislature is the legislative branch of government in the U.S. state of Minnesota. It is a bicameral legislature located at the Minnesota Capitol in Saint Paul and it consists of two houses: the lower Minnesota House of Representatives and the Minnesota Senate. repealed a $400,000 cap on noneconomic damages in all tort actions in 1990. Average annual rates in the state have declined by $3,487 between 1991 and 1994.(43) In Ohio, rates have declined by $3,262 since 1991, the year that state's high court found unconstitutional a $200,000 cap on general damages general damages n. monetary recovery (money won) in a lawsuit for injuries suffered (such as pain, suffering, inability to perform certain functions) or breach of contract for which there is no exact dollar value which can be calculated. (pain and suffering) in medical malpractice cases.(44) Rates in Texas declined by $1,385 between 1988 and 1994. The state's $500,000 limit on nonmedical expenses in medical malpractice actions was held unconstitutional in 1988.(45) In Washington state, average annual rates for individual physicians were $29,613 in 1988. The next year, the state court found unconstitutional a sliding scale slid·ing scale n. A scale in which indicated prices, taxes, or wages vary in accordance with another factor, as wages with the cost-of-living index or medical charges with a patient's income. cap on noneconomic damages in all tort actions. By 1994, rates in the state had declined by $11,355 to $18,258.(46) Other factors that distort insurance rates also come into play. In states where PCFs have been implemented--often in the same legislation as the damages cap--insurance premiums alone may not be accurate indicators of the cost of liability protection. To determine a physician's total liability cost, the insurance premium is added to the cost of the PCF, which often is a percentage of the physician's annual liability insurance premiums. When the amounts are combined, physicians' liability protection goes up. For instance, the Fort Wayne Fort Wayne, city (1990 pop. 173,072), seat of Allen co., NE Ind., where the St. Joseph and St. Marys rivers join to form the Maumee River; inc. 1840. It is the second largest city in the state, a major railroad and shipping point, a wholesale and distribution hub, News-Sentinel compared Indiana's medical malpractice insurance rates with those in neighboring neigh·bor n. 1. One who lives near or next to another. 2. A person, place, or thing adjacent to or located near another. 3. A fellow human. 4. Used as a form of familiar address. v. states.(47) While Indiana premiums appear to be lower, the article adds that "Indiana doctors pay an additional surcharge of 150 percent of their malpractice rates for liability protection up to the state's damage-award ceiling of $750,000." The official Indiana insurance figures do not include that surcharge. After adding it, a physician's real professional liability costs increase. Here's an example: An Indiana family physician's actual liability costs are $2,692.50, even though the St. Paul St. Paul as a missionary he fearlessly confronts the “perils of waters, of robbers, in the city, in the wilderness.” [N.T.: II Cor. 11:26] See : Bravery Insurance Co. lists that physician as paying $1,077 a year on an annual policy that provides $100,000 of insurance for each individual and 5300,000 for each incident. The St. Paul numbers, of course, do not include the surcharge. By contrast, a family physician in Ohio, which has no cap on noneconomic damages, has an actual malpractice insurance Noun 1. malpractice insurance - insurance purchased by physicians and hospitals to cover the cost of being sued for malpractice; "obstetricians have to pay high rates for malpractice insurance" rate of $2,291 a year. Thus, it costs family practitioners family practitioner n. Abbr. FP See family physician. less to practice medicine in Ohio.(48) No Better Access "Tort reformers" also argue that caps on noneconomic damages make it possible for more obstetricians/gynecologists (ob/gyns) to practice in rural countries. A review of ob/gyn availability in states with and without damages caps shows that caps have not achieved this stated goal, either. According to American Medical Association American Medical Association (AMA), professional physicians' organization (founded 1847). Its goals are to protect the interests of American physicians, advance public health, and support the growth of medical science. data, a glaring difference exists between the low number of ob/gyns practicing in rural counties and the high number in populous ones.(49) But rural counties in states with no damages caps actually have more ob/gyns than similar counties in states with caps.(50) Regardless of whether the noneconomic damages cap in a given state applies in medical malpractice cases only, wrongful death cases only, or all tort actions, almost without exception, the more rural the county, the fewer the ob/gyns. This rule applies whether or not the state has a cap.(51) Safe Medicine Not only do "reforms" fail to remedy problems in state health care systems, they also remove one of the only incentives for physicians to practice safe medicine: the fear of liability actions. Malpractice occurs daily across the country. In 1984, in New York alone, an estimated 23,736 to 31,104 people suffered injuries from negligent care while hospitalized. Of those, 7,000 died from their injuries.(52) Outside of the legal system, there are no valid avenues of recourse since the medical community appears unwilling, or unable, to police itself. In 1993, only 1,974 doctors out of 623,000 doctors nationwide were disciplined for alleged misconduct. This represents about 0.32 percent or 3.2 of every 1,000 doctors.(53) According to Public Citizen Health Research Group, the number of disciplinary actions in the states decreased 2 percent from 2,103 reported in 1991 to 1,974 in 1992. When the medical community took action against physicians, fewer than half resulted in license revocations, surrender of their licenses, or suspension. Doctors found guilty of substandard substandard, adj below an acceptable level of performance. care, prescription violations, and drug or alcohol abuse are most commonly put on probation, the research group reported. States clearly do not have the resources to investigate claims and discipline doctors adequately. Public Citizen notes that 53.6 percent of the doctors disciplined by the Drug Enforcement Administration The Drug Enforcement Administration (DEA) was established in 1973 by President richard m. nixon as part of the Justice Department, thus uniting a number of federal drug agencies that had often worked at cross-purposes. and 44.6 percent of those disciplined by Medicare received no sanctions by the states in 1992.(54) Thus, the medical malpractice legal system serves as the strongest incentive for doctors to practice good medicine, and the fear of liability has resulted in positive changes. For instance, the danger of overworked residents in hospitals was brought to the public's attention when an 18-year-old woman died eight hours after entering a New York hospital emergency room for an earache ear·ache n. Pain in the ear; otalgia. and fever. The woman had told physicians she was taking the anti-depressant Nardir, and they prescribed Demerol to treat her. She died from a reaction to the combination of drugs. Her father sued the hospital and attending physicians, alleging the residents had been too overworked to recognize the danger of the drug combination. The hospital had followed the common practice of scheduling residents and interns  This article or section is written like an .Please help [ rewrite this article] from a neutral point of view. Mark blatant advertising for , using . to work 36-hour shifts. The publicity surrounding the case has been credited with helping to pass regulations in New York under which resident physicians can work no more than 80 hours a week or 24 hours in a row.(55) Some medical malpractice cases have had even farther-reaching effects, causing state legislatures across the country to reevaluate health care policy. Cases of increased health problems in newborns raised awareness throughout the country of the dangers of early discharge, and state legislatures--including Maryland and New Jersey--are responding by mandating at least 48 hours of hospital care for newborns and their mothers. In one case, a newborn who was discharged from the hospital just 24 hours after birth died four months later of a serious heart defect undiagnosed at the original discharge. His parents have sued the hospital and their health insurance provider, alleging the policy of discharging infants within 24 hours of birth had prevented an early diagnosis. The parents are prepared to present evidence that symptoms of their son's condition--an underdeveloped left ventricle--while not readily apparent in the first day of life, generally are apparent to a physician by the second or third day. Trial is pending.(56) If Not Now, When? It is more important than ever to protect the rights of health care consumers. State legislation that makes it increasingly difficult for the injured to hold their doctors accountable for their negligence must not be allowed to continue. Data collected by the insurance industry and the medical profession lead to the conclusion that the "reforms" do not work as promised. They do not lower health care costs or increase access to physicians. Indeed, states where "reforms" have been removed generally provide health care consumers with better care at lower costs. Limiting the ability of the injured to bring suits will not improve health care but, rather, will allow more doctors to practice bad medicine without fear of liability. Despite the overwhelming evidence, the battle continues in the states in the current legislative session. As this article goes to press, the situation is changing daily. A prescription for change? No, more like a prescription for bad medicine. If "reform" legislation continues to spread nationwide, health care consumers will find themselves unable to hold doctors accountable and unable to change bad behavior--leaving those injured by malpractice with no cure for their harm. RELATED ARTICLE: All Is Not Lost Several state legislatures have taken strides to protect the rights of the wrongly injured. While the future of these proposals still hangs in the balance, three states in particular are working toward creating laws that will help, rather than further hurt, plaintiffs in medical malpractice suits. Legislation in Maine would enact a discovery rule with respect to health care providers and practitioners. (ME. H.B. 391, 117th Leg., 1st Sess. (1995); recommendation made Feb. 29, 1996.) The purpose of the bill is to "recognize the unfairness of allowing a claim to expire during a period of time when the plaintiff has neither discovered, nor in the exercise of reasonable diligence should have discovered, the injury resulting from the professional negligence professional negligence n. See malpractice. ." Unfortunately, however, the Joint Committee on the Judiciary Committee on the Judiciary may mean:
A similar Minnesota bill shows more promise. That proposal mandates that a cause of action against a health care provider accrues on the date a patient knew or had reason to know the facts on which a claim is based. (MINN MINN Minnesota (old style) . H.B. 2359, 79th Leg. (1995); referred to the Judiciary Committee Judiciary Committee may refer to:
Florida bills would toll the state's statutes of limitations and repose with respect to medical negligence claims that arise when a child under age five is injured. (FLA. S.B. 454 (1996) and FLA FLA Florida (old style) FLA Macromedia Flash (file extension) FLA Flash Files (file extension) FLA Fair Labor Association FLA Front Line Assembly . H.B. 43 (1996); introduced Mar. 5,1996, referred to the Senate Committee on Banking and Finance and the House Committee on Appropriations, respectively.) Florida also is seeking to protect patient rights with a bill that would repeal the state's statutory prohibition against recovery for emotional pain and suffering by adult children of a deceased parent and parents of a deceased adult child. (FLA. S.B. 396 (1996); introduced Mar. 5, 1996, referred to the Senate Committee on the Judiciary.) Notes (1) N.Y. A.B. 3314, 219th Leg. (1995) Returned to the Assembly committee on Health, Feb. 15, 1996. (2) Iowa S.B. 2089, 76th Leg., 2d Sess. (1995); S.D. S.B. H4, 76th Leg. (1996). Referred to the senate committee on state Affairs, Feb. 2, 1996 The Maine proposal, which would have capped damages at $250,000, has not succeeded. (3) The states are Alabama, Alaska, California, Colorado, Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Mexico New Mexico, state in the SW United States. At its northwestern corner are the so-called Four Corners, where Colorado, New Mexico, Arizona, and Utah meet at right angles; New Mexico is also bordered by Oklahoma (NE), Texas (E, S), and Mexico (S). , North Dakota North Dakota, state in the N central United States. It is bordered by Minnesota, across the Red River of the North (E), South Dakota (S), Montana (W), and the Canadian provinces of Saskatchewan and Manitoba (N). , Oregon, South Dakota, Texas, Utah, Virginia, West Virginia, and Wisconsin. (4) See,generally Annette Wencl & Margaret Brizzolara, Products Liability The .State of the Union, TRIAL, Nov.1995, at 32. (5) ALA. CODE [sections]6-5-486 (1993). (6) MONT. ANN. CODE [sections]25-9-403 (amended 1995). (7) DEL. CODE ANN. tit. 18 [sections]6853 (1989). (8) HAW. REV. STAT. [sections]671-ll to 671-20(1988). (9) AK. H.R. 461, 19th Leg., 2d Sess. (1995). Sent to the House Committee on Finance, Feb. 2, 1996; W. Va. H.B. 2555 (1996). Introduced Jan. 10, 1996, referred to the House Committee on Finance. (10) The states with PCIFs are Florida, Indiana, Kansas, Louisiana, Nebraska, New Mexico, Pennsylvania, South Carolina South Carolina, state of the SE United States. It is bordered by North Carolina (N), the Atlantic Ocean (SE), and Georgia (SW). Facts and Figures Area, 31,055 sq mi (80,432 sq km). Pop. (2000) 4,012,012, a 15. , and Wisconsin. (11) These states are Alabama, California, Connecticut, Georgia, Hawaii, Iowa, Maryland, New York Maryland is a town in Otsego County, New York, United States. The population was 1,920 at the 2000 census. The Town of Maryland is on the county's south border, and was named for the U.S. state of the same name. , Oklahoma, Tennessee, and Virginia (12) CAL. A.B. 596 (1996). Sent to the Senate Committee on the Judiciary, Feb. 5, 1996. (13) CONN. S.B. 321 (1996). Sent to the Joint Committee on Public Health, Feb. 22, 1996. (14) HAW. H.B. 3062, 18th Leg. (1995). Sent from the House Committee on Health with a "do pass as amended" recommendation, Feb. 13, 1996. (15) The Robert Wood Johnson Robert Wood Johnson was the name shared by members of the family that descended from the President of Johnson & Johnson:
IMPACS Integrated Manufacturing Planning and Control System IMPACS International Message and Packet Switching Service ) program has funded statewide research projects on medical malpractice no-fault systems in Utah and Colorado. Brian McCormick, Seeking a Way Out, AM. MED. NEWS, Jan. 9, 1995, at 9. (16) Id. (17) BRIAN J. OSTROM & NEAL v. t. 1. To anneal. v. i. 1. To be tempered by heat. B. KAUDER, EXAMINING THE WORK OF STATE COURTS, 1993, NCSC (National Computer Security Center) The arm of the U.S. National Security Agency that defines criteria for trusted computer products, which are embodied in the Orange Book and Red Book. 11 (1995). (18) BRIAN J. OSTROM & NEAL B. KAUDER, EXAMINING THE WORK OF STATE COURTS, 1994: A NATIONAL PERSPECTIVE FROM THE STATE COURT STATISTICS PROJECT, NCSC 23 (1996). (19) Id. (20) Id. See also BRIAN J. OSTROM & NEAL B. KAUDER, STATE COURT CASELOAD case·load n. The number of cases handled in a given period, as by an attorney or by a clinic or social services agency. caseload Noun STATISTICS: ANNUAL REPORT 1992, NCSC 6, 8 ( 1994). (21) OSTROM & KAUDER, supra A relational DBMS from Cincom Systems, Inc., Cincinnati, OH (www.cincom.com) that runs on IBM mainframes and VAXs. It includes a query language and a program that automates the database design process. note 17, at 19, 23. (22) MICHAEL HATCH, MINN. DEP'T COM (1) (Computer Output Microfilm) Creating microfilm or microfiche from the computer. A COM machine receives print-image output from the computer either online or via tape or disk and creates a film image of each page. ., MEDICAL MALPRACTICE CLAIM STUDY 1982-1987, at 31 (1989) (focuses on Minnesota, North Dakota, and South Dakota from 1982 to 1987). (23) STEVEN K. SMITH ET AL., U.S. DEP'T JUSTICE, SPECIAL REPORT: TORT CASES IN LARGE COUNTIES 1(1995) (The basis is a representative sample of the 75 courts where nearly half of all tort cases are filed ) (24) Id. at 3. (25) Mark Holoweiko, What Are Your Greatest Malpractice Risks? MED. ECON ECON Economics (course) ECON Economy (minimum cost speed schedule) ECON Centre for Economic Analysis ECON Eastern Coalition of Nations (Star Trek) ., Aug. 3, 1992, at 141. (26) Milo Milo, athlete of ancient Greece Milo (mī`lō) or Milon (mī`lŏn), fl. 500 B.C., athlete of ancient Greece, b. Crotona. Geyelin Suits by Firms Exceed Those by Individuals, WALL ST. J., Dec. 3, 1993, at B1. (27) OSTROM & KAUDER, supra note 17, at 12. See also Marc Galanter
Marc Galanter is the John and Rylla Bosshard Professor of Law and South Asian Studies at the University of Wisconsin Law School and LSE Centennial Professor at the London School of Economics and Political Science. & Joel Rogers Joel Rogers (Ph.D. Princeton, M.A. Princeton, J.D. Yale Law School, B.A. Yale) is Professor of Law, Political Science, and Sociology at the University of Wisconsin-Madison. , A Transformation of American Business Disputing? Some Preliminary Observations (Apr. 1991 ) (U. Wis. Inst. Legal Studies, Working Paper No. DPRP DPRP Dutch Progressive Rock Page 10-3). (28) COALITION FOR CONSUMER RIGHTS, CLOGGING THE COURTS: THE ILLINOIS CIVIL JUSTICE LEAGUE'S LAW SUIT ABUSE (Jan. 1995). (29) CITIZEN ACTION, HEALTH CARE STATISTICS AND THE EFFECT OF CAPS ON NONECONOMIC DAMAGES (1996). To obtain a copy, contact Tara Dunlop in the ATLA ATLA Association of Trial Lawyers of America ATLA American Theological Library Association ATLA American Trial Lawyers Association ATLA Air Transport Licensing Authority (Hong Kong) ATLA Avatar: The Last Airbender State Affairs Department at (800) 424 2725, ext. 351. (30) NATIONAL ASS'N OF INSURANCE COMM'RS, REPORT ON PROFITABITY BY LINE AND BY STATE 1993 (1994). (31) CITIZEN ACTION, supra note 29, at 3. In descending order of profitability, these states arc South Carolina, New Hampshire New Hampshire, one of the New England states of the NE United States. It is bordered by Massachusetts (S), Vermont, with the Connecticut R. forming the boundary (W), the Canadian province of Quebec (NW), and Maine and a short strip of the Atlantic Ocean (E). , Delaware, Minnesota, Pennsylvania, and Rhode Island Rhode Island, island, United States Rhode Island, island, 15 mi (24 km) long and 5 mi (8 km) wide, S R.I., at the entrance to Narragansett Bay. It is the largest island in the state, with steep cliffs and excellent beaches. . (32) Id. at 3. (33) Id. at 17. (34) Id.at 17-18. (35) The provisions in MICRA include (1) a $250,000 cap on noneconomic damages; (2) allowing damages of more than $50,000 to be paid in installments; (3) abolishing the collateral source rule The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. , that is, allowing the defendant to inform the jury about any payments received from collateral benefits for which the plaintiff has paid the premiums; and (4) a sliding scale on attorney fees consisting of 40 percent of the first $50,000, 33.3 percent of the next 550,000, 25 percent of the next $500,000, and 15 percent of more than $600,000. (36) CITIZEN ACTION, supra note 29, at 17-18. (37) Id. at 4; sec ST. PAUL FIRE AND MARINE INSURANCE CO., PROPOSED PHYSICIAN AND SURGEON AVERAGE RATES ON AN ANNUAL BASIS, 1987, 1988, 1991, and 1993; GENERAL ACCOUNTING OFFICE, GAO/AIMD-95-169, MEDICAL LIABILITY: IMPACT ON HOSPITAL AND PHYSICIAN COSTS EXTENDS BEYOND INSURANCE (1995) (citing the St. Paul Medical Services, Physician and Surgeon Update, June 1994). (38) CITIZEN ACTION, supra note 29, at 6. (39) Moore v. Mobile Infirmary Assoc., 592 So. 2d 156 (Ala. 1991). See also Smith v. Schulte, Nos. 19303652,1930245, 1995 LEXIS 683 (Ala. Dec. 15, 1995) (holding a $1 million cap on wrongful death medical malpractice actions unconstitutional, finding the cap violates the state Equal Protection Clause The Equal Protection Clause, part of the Fourteenth Amendment to the United States Constitution, provides that "no state shall… deny to any person within its jurisdiction the equal protection of the laws. . This opinion is being held by the court and is not final); CITIZEN ACTION, supra note 29, at 7. (40) See Wright v. Central DuPage Hosp. Assoc., 347 N.E.2d 736 (Ill. 1976); CITIZEN ACTION, supra note 29, at 7. (41) ILL. REV. STAT. ch. 735, para. 5/2-1115.05-1115.1 (1995). (42) Cargill v. Waste Management, Nos. 95 L 7867, 95 L. 9815, 95 L 11012, 95 L 10088, 95 L 8852 (Ill., Cook County Cir. Ct. Feb. 27, 1996). (43) CITIZEN ACTION, supra note 29, at 7. (44) Id.; Morris v. Savoy, 576 N.E.2d 765 (Ohio 1991). (45) CITIZEN ACTION, supra note 29, at 7; Lucas v. United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. , 757 S.W.2d 687 (Text 1988 ). (46) CITIZEN ACTION, supra note 29, at 7; Sofie v. Fibreboard fibreboard Noun a building material made of compressed wood Noun 1. fibreboard - wallboard composed of wood chips or shavings bonded together with resin and compressed into rigid sheets fiberboard, particle board Corp., 771 P.2d 711 (Wash. 1989). (47) Kevin Corcoran Kevin "Moochie" Corcoran (born June 10 1949 in Santa Monica, California) is an American director, producer and former child actor. He appeared in numerous Disney projects between 1957 and 1963, frequently as an irrepressible character with the nickname Moochie. , Accessibility vs .Safety in Care, FT. WAYNE NEWS-SENT., June 8, 1992, at 3B. (48) CITIZEN ACTION, supra note 29, at 6. (49) The Citizen Action report used ob/gyn population data because the shortage of physicians in rural counties is most acute for this specialty. AMERICAN MEDICAL ASS'N, PHYSICIAN DATA BY COUNTY (1992). See id. at 8. (50) Id. at 9. (51) Id. (52) HARVARD MEDICAL PRACTICE STUDY, PATIENTS, DOCTORS AND LAWYERS: MALPRACTICE LITIGATION AND PATIENT COMPENSATION IN NEW YORK 6, 11 (1990). (53) SIDNEY WOLFE ET AL., PUBLIC CITIZEN HEALTH RESEARCH GROUP, 10,289 QUESTIONABLE DOCTORS 8 (1993) (54) Id. at ll,15. (53) See generally David Kocieniewski, Jury to Decide on Ziun Case, NEWSDAY, Feb. 2, 1995, at A6. (56) Thomas Maier, Speedy Delivery; Safety of Discharging Moms and Newborns in 24 Hours Questioned, NEWSDAY, June 27, 1995, at 27. |
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