Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages

Henry Cohen

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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages (CRS Report for Congress)

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Release Date	Revised Jan. 18, 2006
Report Number	RL31692
Report Type	Report
Authors	Henry Cohen, American Law Division
Source Agency	Congressional Research Service
Older Revisions	Premium Revised April 11, 2005 (22 pages, $24.95) add Premium Revised Feb. 8, 2005 (22 pages, $24.95) add Premium Revised Sept. 17, 2004 (25 pages, $24.95) add Premium Revised May 13, 2004 (26 pages, $24.95) add Premium Revised Jan. 29, 2004 (25 pages, $24.95) add Premium Revised Oct. 6, 2003 (24 pages, $24.95) add Premium Revised Aug. 28, 2003 (24 pages, $24.95) add Premium Revised July 1, 2003 (24 pages, $24.95) add Premium Revised May 14, 2003 (23 pages, $24.95) add Premium March 24, 2003 (23 pages, $24.95) add

Summary:

This report explains specific tort reform proposals that have been included in past legislation, and discusses their individual pros and cons from a legal perspective. These proposals include imposing caps on noneconomic damages and punitive damages, permitting defendants to be held liable for no more than their share of responsibility for a plaintiffs injuries, requiring that damage awards be reduced by amounts plaintiffs receive from collateral sources such as health insurance, limiting lawyers contingent fees, creating a federal statute of limitations, and requiring that awards of future damages in some cases be paid periodically rather than in a lump sum. An appendix to this report presents a chart of current state caps on punitive damages and noneconomic damages.

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Medical Malpractice Liability Reform: Legal Issues and Fifty-State Survey of Caps on Punitive Damages and Noneconomic Damages (CRS Report for Congress)