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Health Law

: Cerebral Palsy Law Blog

Move Medical Malpractice Out of the Courts?

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The National Center for Policy Analysis has released a report proposing that medical malpractice cases be moved completely out of the legal system and be handle by contract. 

The idea appears to be that you agree with your doctor or other medical care provider ahead of time what the value  of your life or injury would be.  Then if you are injured  in some way you get paid based on that contract.  So how does the doctor pay for that agreed to injury amount?  They buy insurance, but this time the insurance company knows what the max payout will be because of the contract.

Will this reduce lawsuits, probably. 
Will it fairly value malpractice claims?  I doubt it.
It sounds like it will allow insurance companies to more concretely lock in their profits as opposed to their taking on risk.  So is it about risk or profits.

In any event you can read the about the NCPA report at this link.  Medical Malpractice suggestions

Full post as published by Cerebral Palsy Law Blog on December 26, 2007 (boomark / email).

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