ACEP ID:
Recent Reforms Enacted (since 2003) | In 2011, a cap on noneconomic damages was enacted. In medical liability cases, the cap was set at $750,000 except for when certain catastrophic injuries occur, in which the cap will be $1 million. |
Emergency Care Provision | None |
Reform Elements In Law | $750K Cap Joint Liability Collateral Source Attorney Fee Limit Expert Witness |
Constitutional Status of Reforms | Information not available. |
Change in Insurance Rates | AMA reports at least one insurer raised rates as much as 25 to 40% in 2004. |
Insurance Availability | Information not available. |
Change in Physician Availability | Information not available. |
Change in Cases Filed/Awards | 156 paid claims in 2003 or 10.3 per 1000 active nonfederal physicians. US avg. was 18.8 per 1000. 157 paid claims in 2005 or 10.2 per 1000 active nonfederal physicians. US avg. was 17.1 per 1000. (Kaiser) The state Department of Commerce reported that 2,827 medical liability cases were closed in 2005. 83.5% resulted in no payment. Five judgments totaled six million dollars. 158 total number of paid claims for 2006 or 8.8 per 1,000 active, non-federal physicians. 147 paid claims in 2007. |