| Document Type
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BL
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| Record Number
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1044487
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| Doc. No
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b798857
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| Main Entry
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Pace, Nicholas M., (Nicholas Michael),1955-
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| Title & Author
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Capping non-economic awards in medical malpractice trials : : California jury verdicts under MICRA /\ Nicholas M. Pace, Daniela Golinelli, Laura Zakaras.
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| Publication Statement
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Santa Monica, CA :: RAND Institute for Civil Justice,, ©2004.
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| Series Statement
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Rand Corporation monograph series
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| Page. NO
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xxix, 83 pages :: illustrations ;; 26 cm.
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| ISBN
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0833036653
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: 1598753363
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: 9780833036650
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: 9781598753363
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| Notes
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"MG-234-ICJ"--Page 4 of cover.
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| Bibliographies/Indexes
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Includes bibliographical references (pages 79-83).
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| Contents
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The Institute for Civil Justice -- Effects of MICRA on plaintiffs, their attorneys, and defendants -- How has MICRA affected jury awards? -- What types of cases are most affected? -- What types of injuries experienced the greatest reductions? -- What age groups and genders are most affected? -- What are MICRA's effects on attorneys' fees? -- What are MICRA's effects on net recoveries of plaintiffs? -- Adjusting the cap for inflation -- Conclusions and implications.
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| Abstract
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Concerns over the price and availability of medical malpractice insurance have sparked a vigorous national debate over proposed federal legislation calling for limits on trial awards and attorneys' fees in medical malpractice cases. A model for such limits is the Medical Injury Compensation Reform Act (MICRA), a law enacted in California in 1975 in the hope of controlling soaring medical malpractice insurance premiums and ensuring the continuing availability of malpractice insurance coverage. MICRA caps awards for non-economic losses, such as pain or suffering, at $250,000 and limits plaintiffs' attorney fees. The authors studied the effects of MICRA on plaintiffs' awards and on defendants' liabilities and in doing so addressed a number of questions: How have MICRA's caps on non-economic damages affected the final judgments in California jury trials? What types of cases and claims are most likely to have an award cap imposed following trial? What have been the effects of MICRA on plaintiffs' attorney fees and net recoveries? If the MICRA cap had been adjusted for inflation, what would have been the effect on plaintiffs' final awards?
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| Subject
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California., Medical Injury Compensation Reform Act of 1975.
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California, Medical Injury Compensation Reform Act of 1975.
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| Subject
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Damages-- California.
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Medical personnel-- Malpractice-- Economic aspects-- California.
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| Subject
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Damages.
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LAW-- Civil Law.
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MEDICAL-- Health Policy.
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Malpractice-- legislation jurisprudence.
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Liability, Legal-- economics.
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Malpractice-- economics.
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Medicine.
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| Subject
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Medical Injury Compensation Reform Act of 1975 (California)
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| Subject
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California.
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California.
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| Dewey Classification
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344.79404/11
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| LC Classification
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KFC546.A13P33 2004
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| NLM classification
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2005 C-711
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W 33 AC2P115c 2004
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| Added Entry
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Golinelli, Daniela.
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Zakaras, Laura.
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| Added Entry
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Institute for Civil Justice (U.S.)
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