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  • Writer's pictureNicole Linko

Medical Malpractice Reform

Federal statutory law that governs damage claims against healthcare providers, drugs, and devices.

Create federal courts similar to bankruptcy courts.

No caps on non-economic damages when Plaintiff is totally and permanently incapacitated.

Sliding scale on non-economic damages similar to worker’s compensation as a percentage of what jury awards.

Limit lawyers handling such cases involving amounts in controversy over $100,000 to be board certified.

Have meaningful offers of judgment and loser pays costs and attorneys’ fees when verdict exceeds 15% of offer or is less than 85% of offer of judgment

Impose 10% prejudgment interest from date of tort.

Limit discovery: Expert disclosures only – no expert depositions. Limit party depositions to no more than 2 hours, not counting non-responsiveness. Automatic disclosures required – no use of any item not timely disclosed.

Use screening panels to render advisory opinion on liability and damages, and the findings should be admissible in evidence at any trial.

Penalize experts who give opinion testimony that is clearly outside of prevailing medical and scientific boundaries, through medical boards and certification boards. Have clear guidelines on expert testimony and fees charged, and penalties for abuse.

Ferret out articles and guidelines that were developed purely to aid defendants but are outside of actual practice.

Streamline patients getting their records for reasonable cost, especially when records are electronic.

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