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Medical Jurisprudence Commons

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Fordham Law School

Journal

Torts

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Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel Jan 1983

Medical Malpractice Damage Awards: The Need For A Dual Approach, Janice Kabel

Fordham Urban Law Journal

Damage awards in medical malpractice cases have risen steadily in New York state courts over the past ten years. This increase has resulted in higher medical insurance premiums, which insured physicians pass along in higher prices to health care consumers. There are several theories as to why increased damages has occurred, but few legislative actions have deterred the process. Ultimately, this Note proposes reform in the tort/litigation/insurance system.