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Court decision threatens CA’s tort reform law

LTC Liability Monitor, May 13, 2004

A California Supreme Court ruling this week could result in more elder abuse claims against the state's physicians, according to the American Medical Association's American Medical News.

Previously, strict rules protected physicians from meritless or late demands for punitive damages sought in medical malpractice cases. The court decision now does away with these rules for malpractice claims when the charges include elder abuse-stating these claims go beyond professional negligence and individuals committing such crimes should not be protected.

Physicians and legal experts are concerned this will result in allegations of elder abuse in nearly every malpractice case to allow plaintiffs to seek punitive damages, according to American Medical News.

Some healthcare associations fear the ruling will also encourage attacks on the Medical Injury Compensation Reform Act-a tort reform law doctors claim has stabilized California's liability insurance market for nearly 30 years.

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