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Essay / Research Paper Abstract
The medical malpractice cap has long been argued. Medical providers are being forced to move or walk out on their careers, and their patients, due to high insurance premiums. Attorneys believe high insurance premiums a cover up for faulty business strategy at the insurance companies, which should not affect a person’s right to file a tort claim for medical malpractice. Victims of medical abuses feel the medical profession is at fault and should be policed. A group of analysts believe there is another answer. Bibliography lists 7 sources.
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File: D0_jvMalPr2.doc
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insurance premiums. Attorneys believe high insurance premiums a cover up for faulty business strategy at the insurance companies, which should not affect a persons right to file a tort claim
for medical malpractice. Victims of medical abuses feel the medical profession is at fault and should be policed, not them. However, notoriously high tort awards have been made by juries,
which brings into relevance the concept of medical malpractice caps. When both sides have valid arguments, is there a solution? A group of analysts believe there is, but it is
not the one being debated. The Argument The current debate is a standoff between doctors
and lawyers/clients. Doctors with $100,000 annual businesses claim they can pay up to $58,000 in malpractice insurance premiums. (Armitage, 2004, 14; Whitt, 2004). Many states have passed cap laws to
retain physician services because their doctors have been moving to states with better insurance rates, leaving the state short on medical care. The most common state cap is $250,000 for
non-economic loss pain and damages. Mississippi starts caps at $500,000 with provisions to raise the cap to $1 million by 2017 (Anonymous, 2002, A.24).
While some might consider this a step in the right direction, trial lawyers and victims of medical abuses do not agree. The Association of Trial Lawyers of America
says "insurers poor returns on investments are more responsible for premium increases" and that "state-imposed caps on damages do not lead to drops in premiums." (AP, 2004, A4). Therefore, reducing
rights of citizens will not have the effect of lowering premiums, lowering health care costs, or protect U.S. citizens from medical malpractice. Fabioloa
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