Caps and the Construction of Damages in Medical Malpractice Cases
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Description
The perceived need for tort reform, and particularly medical malpractice damages caps, is among the most salient political issues of our time. President Bush himself has advocated a uniform federal cap on noneconomic damages in medical malpractice cases as the centerpiece of a tort reform agenda aimed at reining in a “judicial system [that] is out of control.” The 2004 election, moreover, spawned a resurgence of state legislative reform efforts. This chapter explores the politically divisive issue of damages caps and takes a closer look at the assumptions that inhere in the arguments for them and against them. I conclude that the most prevalent form of damages caps, those that cap only the noneconomic portion of medical malpractice awards, are hardly the surefire limits on damages awards that their advocates hope—and their detractors fear—them to be.
Source Publication
Medical Malpractice and the U.S. Health Care System
Source Editors/Authors
William M. Sage, Rogan Kersh
Publication Date
2006
Recommended Citation
Sharkey, Catherine M., "Caps and the Construction of Damages in Medical Malpractice Cases" (2006). Faculty Chapters. 1771.
https://gretchen.law.nyu.edu/fac-chapt/1771
