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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

Category Archives: Caps on Damages

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Order on Damages in a UK Mesothelioma Case

Posted in Asbestos, Caps on Damages, Damages, International Asbestos
Comparing mesothelioma cases damages in the UK to similar damages in the US usually produces some amazement. A January 13, 2017 UK trial court ruling is online here, and well worth reading for comparative purposes. The case involves a successful entrepreneur, now in mid-70s, and fated to die of pleural and peritoneal mesothelioma from tradesman… Continue Reading

Broad Study Finds No Impact for Medical Malpractice Damages Caps as Tools to Adjust the Supply of Physicians

Posted in Caps on Damages, Medical Malpractice
A new study highlights an irony as to the value (or not) of damages caps in medical malpractice cases as a tool for adjusting the supply of physicians in geographic areas or medical specialities. The new study finds no empiric support for the caps, with high confidence intervals. There is irony in the report because… Continue Reading

Childbirth Left Her a Quadriplegic After Medical Malpractice; How Would Damages Caps Be Fair to this Family?

Posted in Caps on Damages, Damages, Insurance, Litigation Industry, Medical Malpractice, Policy Issues
Advocates of damages caps in medical malpractice cases seldom, if ever, confront the gross unfairness of leaving on one person the economic burden of a medical error. That risk instead can and should be spread to many since actuaries say they can predict the general patterns of medical treatments and error rates, and can provide… Continue Reading