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Essay / Research Paper Abstract
5 pages. This paper considers the patient's views of the current medical malpractice tort reform in the state of Pennsylvania. Currently we are seeing physicians moving out of the state, large jury verdicts pushing up the insurance premiums and the possibility of putting a cap on damages sought in lawsuits. Bibliography lists 5 sources.
Page Count:
5 pages (~225 words per page)
File: D0_JAmedmal.rtf
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Unformatted sample text from the term paper:
moving out of the state, large jury verdicts pushing up the insurance premiums and the possibility of putting a cap on damages sought in lawsuits. TORT REFORM IN PENNSYLVANIA
In January of this year the House of Representatives passed HB1810 that was a detailed medical malpractice bill for the state of Pennsylvania. The bill passed 163-32, an overwhelming
margin. The doctors and other medical practitioners in the state of Pennsylvania have seen their insurance premiums skyrocket due to the number of lawsuits and damages that juries have
been awarding. Some specialists in the medical field have to pay upwards of $100,000 annually for medical malpractice insurance (Marshall PG). President of the American Tort Reform Association Sherman
Joyce says he is "delighted that Pennsylvanias lawmakers recognize that a balanced, fair and predictable medical liability system is an integral part of ensuring accessible and affordable health care" (Marshall
PG). Pennsylvania had not updated their tort system in over twenty-five years and it is badly in need of update (Philadelphia Business Journal PG). SOME RECENT RULINGS In
1996 "an amendment to the Pennsylvania Health Care Services Malpractice Act imposed a limit on punitive damages against a physician, in cases where intentional conduct has not been alleged, to
200 percent of the compensatory damages awarded" (Bamonte PG). Currently juries have plenty of room to award large damage claims to those filing malpractice suits. Many lawmakers are
trying to put a cap on the non-economic damages that would be such things as pain and suffering. Juries are rather hard-pressed right now to figure out just what
is a fair and reasonable settlement for something intangible such as this. Much of this has to do also with the finding in court of the doctors intent. If
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