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Medical Malpractice Liability Reform: H.R. 5, 109th Congress

Description: This report discusses H.R. 5, which would preempt state law regarding some aspects of medical malpractice liability and liability for defective medical products, including drugs. The legislation would among other things, place caps on noneconomic and punitive damages (in states that have not enacted and do not enact caps), eliminate joint and several liability, modify the collateral source rule, limit lawyers' contingent fees, enact a federal statute of limitations, and provide for periodic payment of future damages.
Date: January 18, 2006
Creator: Cohen, Henry
Partner: UNT Libraries Government Documents Department

Medical Malpractice Liability Insurance and the McCarran-Ferguson Act

Description: This report provides an overview of the current medical malpractice insurance situation and insurance market structure, summarizes the provisions of both S. 352 and the McCarran-Ferguson Act of 1945, and examines arguments for and against modifying the McCarran-Ferguson Act.
Date: March 19, 2003
Creator: King, Rawle O.
Partner: UNT Libraries Government Documents Department

Medical Malpractice Insurance: Multiple Factors Have Contributed to Increased Premium Rates

Description: A letter report issued by the General Accounting Office with an abstract that begins "Over the past several years, large increases in medical malpractice insurance premium rates have raised concerns that physicians will no longer be able to afford malpractice insurance and will be forced to curtail or discontinue providing certain services. Additionally, a lack of profitability has led some large insurers to stop selling medical malpractice insurance, furthering concerns that physicians will not be able to obtain coverage. To help Congress better understand the reasons behind the rate increases, GAO undertook a study to (1) describe the extent of the increases in medical malpractice insurance rates, (2) analyze the factors that contributed to those increases, and (3) identify changes in the medical malpractice insurance market that might make this period of rising premium rates different from previous such periods."
Date: June 27, 2003
Creator: United States. General Accounting Office.
Partner: UNT Libraries Government Documents Department

Medical Malpractice: Effects of Varying Laws in the District of Columbia, Maryland, and Virginia

Description: A letter report issued by the General Accounting Office with an abstract that begins "Pursuant to a congressional request, GAO provided information on the effects of laws in Virginia, Maryland, and the District of Columbia, focusing on: (1) the rationale behind selected reforms states have made to their medical malpractice tort law; (2) whether selected tort reforms have reduced malpractice insurance costs and the costs associated with defensive medicine; (3) the extent to which the District, Maryland, and Virginia have adopted selected tort reforms; and (4) comparing malpractice claim payments, insurance premiums, and numbers of physicians in the District; Baltimore, Maryland; and Richmond, Virginia."
Date: October 15, 1999
Creator: United States. General Accounting Office.
Partner: UNT Libraries Government Documents Department

Medical Malpractice: Implications of Rising Premiums on Access to Health Care

Description: A letter report issued by the General Accounting Office with an abstract that begins "The recent rising cost of medical malpractice insurance premiums in many states has reportedly influenced some physicians to move or close practices, reduce high-risk services, or alter their practices to preclude potential lawsuits (known as defensive medicine practices). States have revised tort laws under which malpractice lawsuits are litigated to help constrain malpractice premium and claims costs. Some of these tort reform laws include caps on monetary penalties for noneconomic harm, such as for plaintiffs' pain and suffering. Congress is considering legislation similar to some states' tort reform laws. GAO examined how health care provider responses to rising malpractice premiums have affected access to health care, whether physicians practice defensive medicine, and how growth in malpractice premiums and claims payments compares across states with varying tort reform laws. Because national data on providers' responses to rising premiums are not reliable, GAO examined the experiences in five states with reported malpractice-related problems (Florida, Nevada, Pennsylvania, Mississippi, and West Virginia) and four states without reported problems (California, Colorado, Minnesota, and Montana) and analyzed growth in malpractice premiums and claims payments across all states and the District of Columbia."
Date: August 8, 2003
Creator: United States. General Accounting Office.
Partner: UNT Libraries Government Documents Department

Medical Malpractice Insurance: Multiple Factors Have Contributed to Premium Rate Increases

Description: Testimony issued by the General Accounting Office with an abstract that begins "This testimony focuses on the factors that have contributed to the recent increases in insurance premium rates and the differences in rates among states that have passed varying levels of tort reform laws. Our findings are based on two reports we recently issued addressing various aspects of the recent increases in medical malpractice insurance rates. Recognizing that the medical malpractice market varies considerably across states, as part of these reviews we judgmentally selected a number of states and conducted more in-depth reviews in each of those states. Both our analyses and our conclusions are based in part on data and information we received from the states we visited and in part on analyses of national data from various sources."
Date: October 1, 2003
Creator: United States. General Accounting Office.
Partner: UNT Libraries Government Documents Department

Federal Tort Claims Act

Description: The Federal Tort Claims Act is the statute by which the United States authorizes tort suits to be brought against itself. With exceptions, it makes the United States liable for injuries caused by the negligent or wrongful act or omission of any federal employee acting within the scope of his employment, in accordance with the law of the state where the act or omission occurred. This report discusses, among other things, the application of the Feres doctrine to suits for injuries caused by medical malpractice in the military, the prohibition of suits by victims of atomic testing, Supreme Court cases interpreting the discretionary function exception, the extent to which federal employees may be held liable for torts they commit in the scope of their employment, and the government contractor defense to products liability design defect suits.
Date: April 27, 2009
Creator: Cohen, Henry & Cohen, Henry
Partner: UNT Libraries Government Documents Department