South Carolina Tort Reform Fails to Lower Malpractice Rates
South Carolina is yet another state that has passed damage caps on non-economic damages and has not seen a drop in the amount of premiums for doctors. How many states are going to report this before everyone realizes that medical malpractice lawsuits are not the cause for increasing malpractice insurance rates?
"It's been a little more than a year since the state cap on malpractice pay-outs took effect, but both supporters and opponents say it will be years before its impact is felt -- if ever.
The law took effect in July 2005 and limits damages commonly known as pain and suffering to $350,000 per defendant and a total of $1.05 million if more than one provider is involved. It does not affect economic losses.
Supporters of the caps say they are needed to reduce high jury awards and frivolous lawsuits, which they say led to soaring malpractice premiums that have been driving doctors out of the profession.
Opponents say the premiums were so high to offset insurers' investment losses, artificially low premiums offered to attract business in the 1990s, and other industry factors. They also say caps hurt those who've suffered legitimate injuries."
Read the full article in the The Greenville News.