‘New study in California concludes what we knew already: caps on damages in malpractice cases does not reduce malpractice’

“As California seeks to pass new legislation that would increase the amount victims can recover for pain and suffering in medical malpractice lawsuits, a new study shows that setting damage caps for pain and suffering reduces the incentive to avoid malpractice, and results in an increased rate of malpractice lawsuits. And, an increased rate of malpractice claims ultimately raises the potential cost to patients and insurers, along with noneconomic losses suffered by victims …” (more)

[Alberto Bernabe, Torts Blog, 24 May]

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