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State Medical Malpractice Caps Under Fire



Many states that passed malpractice caps a decade ago should expect to see judicial review because caps aren't passing constitutional muster and aren't delivering on what they advertised, says a legal expert.



1 comments on "State Medical Malpractice Caps Under Fire"
john winninger (4/28/2014 at 10:35 AM)

While malpractice caps have brought down insurance rates for physicians, what they don't do is change practice behavior. Physicians don't do less testing because they are not longer afraid of malpractice suits. The right has been selling this as the way to reduce healthcare costs, but in state after state with caps, we see no evidence at all of physicians changing behavior. Why? Because physicians do extra testing for so many more influential reasons: patients think more testing is better medicine, physicians learn that extra testing is standard of care, physician's get paid more if they own the machines that do the tests, etc etc etc.