Los Angeles Personal Injury Lawyer Directory

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Automobile Accident
    • Car Accident
    • Workers Compensation
    • Wrongful Death
    • Cruise Accident
    • Slip & Fall
    • Uber Accident
  • Blog
  • Contact an Attorney

September 17, 2019 by MatadorAdmin

What Is Medical Malpractice Reform Proposing?

Personal Injury Lawyer

The healthcare industry is a multi-billion dollar enterprise. It includes a network of doctors, nurses, clinics, hospitals and any other medical professionals.

One of the biggest challenges facing healthcare administrators at every level is the rising cost of medical malpractice. From the standpoint of medical professionals, rising premiums, and payouts to patients mean their bottom line is impacted more heavily. The courts have been contemplating tort reform for many years to help cut the toll on the healthcare industry. Take a look at some of the sweeping changes contemplated.

Limiting Damages Awarded

The fundamental element of the malpractice reform movement is limiting the number of damages courts can award patients. In a lawsuit, the prevailing party is entitled to receive damages. Compensatory damages are the most common and concrete. These are medical bills, lost wages, and out-of-pocket expenditures that can be proven by receipts. These may also include attorney fees. General damages are more intangible and are meant to compensate the victim for things like pain and suffering, mental anguish and loss of consortium. The final category of damages is punitive. These are the high-dollar, high-stakes payouts that judges often award as punishment when a defendant is determined to be grossly negligent, or the injury is particularly catastrophic.

The advocates of medical malpractice reform want legislators to place a cap on how much a defendant can receive in general and punitive damages. Since compensatory is considered more like payback than an award, it is usually not included in this movement.

Changing the Statute of Limitations for Filing a Claim

States statutes vary on setting the time limit for when a claimant may file a medical malpractice lawsuit through the court. Those advocating medical malpractice reform want to change the statute of limitations. The proposal would shorten the time to file a claim and also further define the “discovery of harm” rule. In medical malpractice cases, the clock for filing suit starts either on the date an act of malpractice was committed or at the time a patient knew medical malpractice occurred. This may delay the filing of a medical malpractice claim for years after the event took place in some states.

What Reform Means for Doctors and Hospitals

Tort reform in medical malpractice would mean that hospitals and doctors might avoid additional expenses defending more frivolous lawsuits. It also means that doctors may stop ordering unnecessary testing as a defense measure in case the patient claims they failed to diagnose appropriately. Over time, these and other changes may mean a decrease in medical bills, insurance and hospitalization costs.

If you believe you may be the victim of negligence in a medical case, consult a FL medical malpractice lawyer in your state.

 


 

Thank you to our friends at David & Philpot, P.L. for information on medical malpractice reform.  

Filed Under: LA Personal Injury Law

Los Angeles Personal Injury Lawyers

  • Home
  • Credentials Matter
  • Practice Areas
    • Personal Injury
    • Automobile Accident
    • Car Accident
    • Workers Compensation
    • Wrongful Death
    • Cruise Accident
    • Slip & Fall
    • Uber Accident
  • Blog
  • Contact an Attorney

L.A. Personal Injury Resources

LA Car Accident Lawyers
Automobile Accident Lawyer LA
Los Angeles Personal Injury Lawyer
Los Angeles Automobile Accident Attorney
Car Accident Lawyer Los Angeles
Los Angeles Workers Compensation Attorney
Los Angeles Wrongful Death Attorney
Los Angeles Slip & Fall Lawyer
Uber Accident Lawyer Los Angeles
Motorcycle Accident Lawyer Woodland Hills CA
Truck Accident Lawyer Woodland Hills CA
Los Angeles Personal Injury Attorneys

Other Resources

Hot Legal Tips
Dog Bite lawyer Denver CO
Cruise Accident Lawyers LA
Drug Possession Lawyer Llano, TX
Pedestrian Accident Lawyer Atlanta GA
Car Accident Lawyer Los Angeles CA

Contact an Attorney

Contact an attorney from one of Los Angeles' premier personal injury law firms.

Free Case Evaluation

No Legal Advice Intended. This website includes general information about legal issues and law practices. Such materials are for informational purposes only and should not be considered legal advice or counsel. Information may not reflect current legal standards. For legal advice specific to your needs, contact an attorney licensed in your jurisdiction. Do not rely on any statement on this website for any reason whatsoever. Furthermore, the information contained in this website is for informational purposes only. It is not, nor is it intended to be, legal advice or representation. Your review or use of this web site, its information and links does not create an attorney-client relationship or an attorney-client privilege between this law firm and you. Statements made to this firm before the formation of an attorney-client relationship may not be privileged and confidential.


Other Resources
American Bar Association | The American Lawyer | National Lawyers Association | Lawyers Without Borders | American College of Trial Lawyers | American Bar Association | National Association of Women Lawyers | Lawyers Associated Worldwide | Car Accident Lawyer DC | DC Personal Injury Lawyer | Elizabeth, NJ Workers Comp Attorney


© COPYRIGHT 2023 LOS ANGELES PERSONAL INJURY LAWYERS | POWERED BY SEO Marketing For Attorneys