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Medical Malpractice
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Medical Malpractice is simply medical negligence committed by a physician, nurse, hospital, or other health care provider. As in all negligence actions one must prove negligence, causation and damages. To learn more about negligence go to Negligence Law.
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Medical Malpractice claims can arise from all different situations. They don’t always directly involve the doctor. Any number of people can be responsible for medical malpractice cases - the nurse, the intern, the physicians assistant, or anyone from the hospital staff.
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A study by Conning, Medical Malpractice: Getting Ahead of the Curve, suggests that the recovery of the medical malpractice insurance business was driven by higher prices and moderating losses. It ... notes that this line is undergoing greater specialization, which bodes well for its stability. In the mid-1970s multiline insurers had more than 60 percent of the market, whereas in 2006, specialists had 69 percent market share. The Conning study also discusses the alternative market, which in 2006 represented 64 percent of total medical malpractice insurance premiums, with captives holding 56 percent, RRGs 5 percent and others such as self insurance 39 percent.
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Certain jury instructions are fairly standard and given in most medical malpractice cases. The following are some of the more commonly used jury instructions in malpractice cases. Other specially developed instructions may ... be given by the court.
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"The medical malpractice industry has changed structurally since the market crisis of the early 2000s, and is poised for long-term profitable growth," said Mark Jablonowski, analyst at Conning Research & Consulting. "Yet the industry has been here before, with brief episodes of profitability that disintegrate into severe unprofitability. Achieving long-term growth will depend on insurers' ability to maintain a commitment to adequate pricing and careful underwriting of this highly specialized line."
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The Republican answer to runaway health-care spending is to cap jury awards in medical malpractice suits. For the fifth time in four years, Senate Majority Leader Bill Frist tried and failed to cap awards at $250,000 during his self-proclaimed "Health Care Week" in May. But this time, the Democrats put a better idea on the table.
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