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Malpractice

I will forego posting on malpractice today. Please read the last few relevant rants - especially focus on some outstanding commentary - especially the last 3 yesterday from m, jb and Joe.

3 Responses to “Malpractice”

Perhaps you can make your next post a proposed table of damages - what you would deem to be reasonable compensation for “pain and suffering” for various forms of injury - in accord with your claim that such a table would make the tort system more fair.

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At our local medical school, that would be $500,000 *total* damages, as the state carves out an exemption for itself.

Only private doctors are subject to unlimited damages.

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Aaron-
A good starting point would be a multiple of what the patient prospectively thought his or her life was worth, as demonstrated by how much insurance he or she was willing to buy. Most people have minimal or no insurance, and therefore it is safe to assume that he didn’t think his life was worth much. It seems that life is of nearly infinite value only if someone else is paying the tab.
So, the most I would award for wrongful death is to match whatever the person thought his life was worth as the amount of life insurance he bought and paid for. For a lifetime of pain or disability, I would award some multiple of that, 2 or 3 times. If you wanted to be bleeding heart about it, you could give everyone an automatic $50K or so as a minimum, but then I would also want a ceiling of a million or so for the total award.

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