Jump to ContentJump to Main Navigation
Medical Malpractice$
Users without a subscription are not able to see the full content.

Frank A. Sloan and Lindsey M. Chepke

Print publication date: 2008

Print ISBN-13: 9780262195720

Published to MIT Press Scholarship Online: August 2013

DOI: 10.7551/mitpress/9780262195720.001.0001

Show Summary Details
Page of

PRINTED FROM MIT PRESS SCHOLARSHIP ONLINE (www.mitpress.universitypressscholarship.com). (c) Copyright The MIT Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MITSO for personal use.date: 06 July 2022

Ceilings on Nonmonetary and Total Losses

Ceilings on Nonmonetary and Total Losses

(p.106) (p.107) 5 Ceilings on Nonmonetary and Total Losses
Medical Malpractice

A. Sloan Frank

M. Chepke Lindsey

The MIT Press

Some tort reforms in effect transfer money from injury victims and their attorneys to health care providers. Flat caps on damages, the overwhelming favorite of the lobbies for provider organizations, particularly since 2000, fall in this category. Placing a cap on damages has no potential for improving patient safety. In addition, this policy disproportionately makes plaintiffs with severe injuries worse off. A stronger argument for limits on awards is that there is considerable variation in awards, limiting, among other things, the injury deterrent signal. As an alternative to flat caps, this chapter examines proposals to schedule damages fully for nonmonetary loss rather than just place limits on the high payments. Another alternative to fixed lump-sum payments, periodic payments, or even a complement to scheduled damages, is service benefit insurance contracts to cover medical, custodial, educational, and rehabilitative services. The chapter also describes a proposal for service benefit contracts.

Keywords:   medical malpractice, tort reforms, flat caps, damage caps, nonmonetary loss, lump-sum payments, service benefit insurance contracts

MIT Press Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.