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Medical Liability and Malpractice

Medical Liability and Malpractice

medical malpractice

MED LIABILITY LAWS

Medical Malpractice Hearing Form This chart summarizes state medical liability or malpractice laws in 11 categories.

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LIABILITY 2013 LEGISLATION

Forty-three states, the District of Columbia and Puerto Rico introduced legislation regarding medical liability and medical malpractice in the 2013 legislative session.

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LIABILITY 2012 LEGISLATION

Thirty-seven states and Puerto Rico had pending legislation in the 2012 legislative session. The legislation may include on the following medical liability/malpractice issues: Damage award limits; statutes of limitation; joint and several liability; limits on attorney fees; patient compensation funds; alternative dispute resolution and screening panels; affidavits or certificates of merit; expert witness standards; medical peer review panels, medical professional apologies and insurance premiums.

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APOLOGIES 2012 LEGISLATION

In an effort to reduce medical liability/malpractice lawsuits and litigation expenses, state legislators and policymakers are changing the laws to exclude expressions of sympathy, condolences or apologies from being used against medical professionals in court.

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OVERVIEW | MEDICAL LIABILITY AND MALPRACTICE

Medical malpractice has been traditionally and successfully regulated by the states. States have addressed issues regarding court procedures, victim compensation, civil liability, malpractice insurance, medical professionals’ apologies to patients and their families and related matters. Under state law, a patient may pursue a civil claim against physicians or other health care providers, called medical liability or medical malpractice, if the health care provider causes injury or death to the patient through a negligent act or omission. To recover damages, the patient must establish: (1) The physician owed a duty to the patient; (2) The standard of care and that the physician violated that standard; (3) A compensable injury; and (4) The violation of the standard of care caused the harm suffered by the patient.

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