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Medical Malpractice:Critique of the Turkish and American Approaches to Awarding Non-Economic Damages

June 2009 - Litigation & Dispute Resolution. Legal Developments by ADMD Law Office .

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When a doctor makes an error in your treatment, what legal compensation will be available? This is the central question in current medical malpractice litigation, one that is not easily answerable and that depends largely on the country in which you live. In the United States the past several decades have seen a rise in the number of medical malpractice suits, and escalating insurance premiums for healthcare providers amidst continued reports of medical error. In recent years the increase in medical malpractice litigation has been coupled with larger non-economic damage awards, reflecting concerns with maintaining quality care and holding healthcare professionals to acceptable standards of conduct. At the same time, such high awards have led state legislatures nationwide to respond with statutory limits on punitive and non-economic medical malpractice damages, in part due to concern that the risk of prohibitive legal expenses will drive competent, needed doctors out of the profession.