Warning: Undefined array key "HTTP_ACCEPT_LANGUAGE" in /home/u596154002/domains/usbusinessreviews.com/public_html/wp-includes/load.php on line 2057

Notice: Function _load_textdomain_just_in_time was called incorrectly. Translation loading for the rank-math domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home/u596154002/domains/usbusinessreviews.com/public_html/wp-includes/functions.php on line 6114
Calif. malpractice ruling will have minimal impact on insurance rates, lawyers say - Best Business Review Site 2024

Calif. malpractice ruling will have minimal impact on insurance rates, lawyers say

[ad_1]

A new ruling, which affirmed California’s cap on medical malpractice damages, will not significantly impact providers’ insurance rates, legal experts said.

On Thursday, the California Supreme Court upheld a lower court’s decision to cut a $4.25 million malpractice award for pain and suffering to the $250,000 state limit for noneconomic damages.

Marisol Lopez, whose 4-year-old daughter died of melanoma, and her legal team argued that the physician assistants who “negligently overlooked” her daughter’s malignant mole operated outside of the scope of their license and were not properly supervised. Thus, the cap didn’t apply.

California Supreme Court Justice Goodwin Liu disagreed with that interpretation, claiming that allowing medical malpractice plaintiffs to avoid the cap in this way would be at odds with its purpose to “control and reduce medical malpractice insurance costs by placing a predictable, uniform limit on a defendant’s liability for noneconomic damages.”

“The opinion dealt with a very technical aspect of the law—it’s not like this was a case where there was a big constitutional challenge,” said Christopher Ryan, of counsel at Dickinson Wright. “I don’t think this decision, by itself, will have much impact on rates.”

Around half of U.S. states have malpractice caps on either financial or noneconomic damages, ranging from $250,000 to around $3 million, depending on the severity of the injury. Many states have struck down caps after deeming them unconstitutional, which has led to higher severity and frequency of malpractice claims, said John Hall, founding partner of Hall Booth Smith.

“This case will help maintain California’s current insurance rates and insulate them from significant increases seen nearly everywhere else,” he said.

California’s statutory cap stems back to the 1975 Medical Injury Compensation Reform Act, which states that damages for noneconomic losses shall not exceed $250,000 in any malpractice claim based on professional negligence.

It aimed to prevent doctors from leaving the industry or not performing risky procedures because they couldn’t afford alleged rising malpractice premiums. The law has drawn criticism from patient advocates, who claim that it’s unjust. In addition, more lawyers have refused to take on cases due to the cap, advocates argued. The evidence is mixed as to whether caps keep medical malpractice insurance rates in check, experts said.

“You could probably find an equal number of studies on both sides of the issue,” Ryan said.

As for the California case, there are reasonable arguments for excluding unsupervised PAs from a cap on noneconomic damages, Liu wrote in the opinion. But that would be up to the legislature to decide and out of the court’s purview, he said.

[ad_2]

Source link

slot gacor slot gacor togel macau slot hoki bandar togel slot dana slot mahjong link slot link slot777 slot gampang maxwin slot hoki slot mahjong slot maxwin slot mpo slot777 slot toto slot toto situs toto toto slot situs toto situs toto situs toto situs toto slot88 toto slot slot gacor thailand slot bet receh situs toto situs toto slot toto slot situs toto situs toto situs toto situs togel macau toto slot slot demo slot pulsa slot pragmatic situs toto deposit dana 10k surga slot toto slot link situs toto situs toto slot situs toto situs toto slot777 slot gacor situs toto slot slot pulsa 10k toto togel situs toto slot situs toto slot gacor terpercaya slot dana slot gacor pay4d agen sbobet kedai168 kedai168 deposit pulsa situs toto slot pulsa situs toto slot pulsa situs toto situs toto situs toto slot dana toto slot situs toto slot pulsa toto slot situs toto slot pulsa situs toto situs toto situs toto toto slot toto slot slot toto akun pro maxwin situs toto slot gacor maxwin slot gacor maxwin situs toto slot slot depo 10k toto slot toto slot situs toto situs toto toto slot toto slot toto slot toto togel slot toto togel situs toto situs toto toto slot slot gacor slot gacor slot gacor situs toto situs toto cytotec toto slot situs toto situs toto toto slot situs toto situs toto slot gacor maxwin slot gacor maxwin link slot 10k slot gacor maxwin slot gacor slot pulsa situs slot 10k slot 10k toto slot toto slot situs toto situs toto situs toto bandar togel 4d toto slot toto slot