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"In view of your repeated rejection of caps on malpractice damage awards," the President's advisers write, "this memorandum does not include proposals to impose caps on non-economic damages".
Subsequent studies specifically consider the influence of tort reform on medical malpractice payments and provide evidence that tort reform measures have a non-trivial influence on medical malpractice damage awards (for example, [7]).
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Are medical malpractice damages caps constitutional?
Several clients are suing Dr. Gooberman for malpractice damages.
At least 35 states now have at least some limits on malpractice damages.
Another sweetener for doctors and hospitals is a provision that limits the amount they would have to pay out in malpractice damages for pain and suffering to $300,000 for each Medicaid claimant, unless the damages award is punitive.
Mr. McCain would seek to control health costs by limiting malpractice damages, investing in prevention and chronic-disease management, and encouraging the faster introduction of generic drugs, among other initiatives.
About 1,500 Connecticut doctors who converged on the Capitol today to seek limits on medical malpractice damages found an ally in Gov. John G. Rowland, who donned a lab coat and promised that the Legislature would address the issue in this session.
It would have increased the state's cap on medical malpractice damages for pain and suffering to $1.1 million from $250,000.
By a 5-2 vothe the court last week overturned Florida's 2003 cap on malpractice damages, calling it discriminatory and therefore in violation of the state constitution.
The election day drubbing of Proposition 46, an initiative that would have increased limits on certain medical malpractice damages, marks a stinging defeat for the state's trial attorneys, who championed the measure.
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