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Malpractice victim advocates, plaintiffs in malpractice lawsuits and trial attorneys, particularly the Consumer Attorneys of California (CAOC), [13] have continuously fought against MICRA since its inception. Due to the $250,000 cap on non-economic damages, lawyers' fees are also restricted due to the attorney fee percentage cap.
A 2011 study in the New England Journal of Medicine reported that 75% of physicians in "low-risk" specialties and virtually 100% of physicians in "high-risk" specialties could expect to face a malpractice claim during their careers. However, the authors also noted that the vast majority of malpractice claims did not lead to any indemnity payments.
The negligent act is called legal malpractice and the insuring contract is called lawyers professional liability insurance. or LPL [3] Malpractice coverage is very important to attorneys because a bad case can produce a lot of bad publicity that can significantly harm a law firm's reputation. Nearly all LPL policies are claims made.
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In common law jurisdictions, medical malpractice liability is normally based on the tort of negligence. [3]Although the law of medical malpractice differs significantly between nations, as a broad general rule liability follows when a health care practitioner does not show a fair, reasonable and competent degree of skill when providing medical care to a patient. [3]
Negligence by the attorney, A loss or injury to the client caused by the negligence, and; Financial loss or injury to the client. To satisfy the third element, legal malpractice requires proof of what would have happened had the attorney not been negligent; that is, "but for" the attorney's negligence ("but for" causation). [3]
As an argument against the current system, tort reformers link the rising costs of premiums for physicians' medical malpractice insurance [18] to the rising cost of personal and group policy health insurance coverage. California's Medical Injury Compensation Reform Act has been cited as a model for tort reform in health care. Others deny that ...
Former Zantac makers GSK, Pfizer, Sanofi and Boehringer Ingelheim are facing about 4,000 claims in California state court and about 2,000 in various other state courts around the country.