Battle Over Medical Malpractice Caps Moves to Nevada

Side Note: this article from the Wall Street Journal blog reports on new challenges to caps on non-economic damages in Nevada malpractice cases.  Opponents of tort reform are arguing that the cap is per claim, not per event, a murky point in the law.  This development is cause for concern, as Nevada has had problems with physician shortages in the past and reversing the limits on pain and suffering could cause a serious doctor shortage in the state.  Tort reform is essential to control medical malpractice insurance premiums and keep doctors in practice.

by Clifford M. Marks
Wall Street Journal Blogs

A challenge to Nevada’s cap on medical malpractice damages has doctors in the state on edge.

The measure in question limited non-economic damages in medical malpractice suits to $350,000, which doctors argued was critical to keeping physicians from fleeing the state due to sky-high insurance premiums. But plaintiffs in one case are attacking that cap on multiple grounds, reports the Las Vegas Review-Journal, and the state’s highest court has asked the parties to file briefs in the suit.

read the rest of the article

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