Patient Compensation Funds

In response to the increased cost and reduced availability of medical malpractice insurance, about one-third of the states have created Patient Compensation Funds (PCF), which are malpractice liability funding mechanisms. Under PCF statutes, the liability of healthcare providers and institutions is limited to a specified amount, and the state establishes funds to compensate success malpractice plaintiffs for damages in excess of that specified amount. The provider or institution buys basic malpractice limits of coverage from a private insurer and further coverage through the PCF.

Establishing Standards of Care without Experts

A physician, nurse, hospital, or other healthcare organization must provide its patients with the appropriate standard of care under the circumstances. In a medical malpractice action, an injured party must establish the standard of care and also must show evidence that the healthcare provider breached that standard. Generally, the standard of care is defined as how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. In determining the appropriate standard of care, juries may take into consideration a respected minority rule, which allows a healthcare provider to show that although the course of treatment followed was not the same as the majority of practitioners would have used, it is one that is accepted by a respectable minority of practitioners.

Hospital Liability for Defective Medical Equipment

Hospital Liability for Defective Medical Equipment

Attorneys Fees

Attorneys Fees

Judicial Reduction of Damage Awards

Judicial Reduction of Damage Awards