Expert Witness Blog
National Medical Consultants represents a panel of over 1900 distinguished specialists in all areas of medicine including brain injury expert witnesses. In Medical malpractice liability reform-no easy task experts at National Medical Consultants write:
Although they are popular in the medical malpractice reform arena, damage caps are not without their critics. Opponents of damage caps, including attorneys and patient rights and safety organizations, contend that damage caps penalize the most seriously Injured patients while reducing health care providers’ accountability for negligent acts.
Modifying the collateral source rule. A second approach to medical liability reform that a number of states adopt is modifying the collateral source rule. Intact, the collateral source rule prohibits defendants from introducing information at trial or during negotiation for the purpose of off setting the damages awarded by asserting that the plaintiff may have received compensation from another source (e.g. worker’s compensation, another Insurer).