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The More Things Change, The More They Stay The Same: A Comparison Of Medical Malpractice Trials In Virginia And North Carolina, Ralph Peeples, Catherine Harris
The More Things Change, The More They Stay The Same: A Comparison Of Medical Malpractice Trials In Virginia And North Carolina, Ralph Peeples, Catherine Harris
Ralph Peeples
This paper examines ten years (2001-2010) of medical malpractice trials conducted in Virginia and North Carolina. Tort law is quite similar in these two states, except that Virginia law imposes a "hard cap" on damages in medical malpractice cases. North Carolina does not. The primary source of our data are closed insurance records made available by an insurance company that provides malpractice coverage for physicians in both states. We are thus able to report on a number of attributes of these trials, including demographic data, injury severity, outcome at trial, physician specialty, medical allegations, and insurer assessment of the cases.Much …
Lebron V. Gottlieb Memorial Hospital: Why The Court Erred In Finding That Caps On Jury Awards Violate Separation Of Powers, Ryan Kenneth June
Lebron V. Gottlieb Memorial Hospital: Why The Court Erred In Finding That Caps On Jury Awards Violate Separation Of Powers, Ryan Kenneth June
Ryan Kenneth June
This Note discusses Lebron v. Gottlieb, an Illinois Supreme Court decision which found caps on damages in medical malpractice cases unconstitutional. The Note explores the background of Lebron and the analysis provided by the majority and dissenting opinions before analyzing the court’s finding and discussing the case's impact. This Note concludes that the court’s reasoning was flawed: not only should it be rejected by other states, but it should be overturned in Illinois. Contrary to the court’s holding, the Note argues that caps on damages are not a form of legislative remittitur. Further, remittitur is not an inherent function of …