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    medical malpractice damages

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    Should there be caps on medical malpractice damages allowed in litigation?

    Should the government payer of healthcare have its costs paid for medical treatment set at the average of the medical fees paid by private insurance?

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    1. Should there be caps on medical malpractice damages allowed in litigation?

    The answer to this question greatly depends upon who you ask however, most would agree that the system of addressing the issues of medical malpractice is broken. This is because the system fails to accomplish the very things it was developed for: to deter medical errors before they occur and to compensate the victims of errors that take place nonetheless. In this broken system, some patients who are injured by malpractice are not compensated whereas some of those that do receive payments have not truly suffered medical negligence.

    Proponents of placing caps on medical malpractice damages claim that the costs of litigation and the defensive medicine that it promotes are strong drivers of the increased costs of an already overtaxed health spending budget. It is estimated that limits on jury awards could reduce the federal deficit by $54 billion over 10 ...

    Solution Summary

    Medical malpractice damages are discussed.