Medical Malpractice Law

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Pages: 14

Over the last 30 years, primary focus has been paid to United States system for handling medical malpractice claims. Historically, this attention reflected concerns primarily about the impact of our medical liability system on the cost and availability of medical liability insurance. (Fred J. Hellinger, 2009). But recent studies have concluded that medical liability reform might not decrease healthcare costs. A report by the consumer advocacy group Public Citizen demonstrated that the total value of malpractice payments on behalf of providers has been decreasing since 2001 and while malpractice payments decreased, healthcare spending nearly doubled over the same period, negating the claim that malpractice litigation contributes to rising healthcare …show more content…
Medical malpractice law provides a way for patients to recover compensation from any harm due to sub-standard or improper treatment. According to a report published in Health Affairs, One in every three hospitalized patients in the United States encounters a medical error. The University of Utah researchers revealed that errors made in hospitals were ten times more common than experts had thought (Medicalnewstoday, …show more content…
Under this reform measure, a significant portion of a settlement goes directly to a claimant by placing reasonable limits on contingency fees paid to plaintiff attorney. In California, an attorney’s contingency fee is limited to 40% of the first $50,000 recovered; 33%of the next $50,000; 25% of the next $500,000, and 15% of any amount exceeding $600,000 (Kolodkin, 2003).
Advance notice of a claim: This effective reform is designed to further the public policy of resolving meritorious claims outside of the court system. A claimant is required to provide notice of an intention to bring a suit for alleged professional negligence. Presumably the parties will agree to a resolution of their dispute without the need for litigation.
Statute of limitations: The time limit a plaintiff has to initiate his cause of action is proscribed by statute. For example, in California, a claim for alleged medical negligence must be brought within 1 year from the discovery of a harm and its negligent cause, or within 3 years from the