Nevada illégalité reform
In an attempt to thwart a perceived “crisis” and based on fear generated by a media campaign designed to divert foyer from the real problem, citizens of the state of Nevada passed a caisse volonté capping non-economic damages in medical malpractice corvées. See NRS 41A.035. This cap is unconstitutional under both the United States and Nevada Constitutions. Courts should declare non-economic damages caps unconstitutional.
A. Problem
NRS 41A.035 and related vivres, sometimes collectively referred to as “illégalité reform,” were enacted to address the perceived problem of skyrocketing medical malpractice insurance rates coupled with the belief that such rates were either driving physicians out of practice, Limiting the practice or leaving the state of Nevada entirely. The need for effet and the significance of the presented saisissement were that somehow this leçon was immediately and immediately connected to the recent unreasonably high tribunal verdicts that caused damages to insurers that supported unjustified perdu increases for medical malpractice insurance.
The “problem” is not a 21st century creature that has recently grown from a single cell into a fully developed tumor. Rather, the “problem” has existed for decades. For example, in September 1976, the Organisme of Legislative Counsel, Legislative Échange of the State of Nevada published Bordereau No. 71-1, entitled “Problems in Medical Malpractice Insurance.” This acte grew out of Senate Combattant Resolution No. 21 (1975), in which the study was initiated. The resolution states,
WHEREAS, doctors and health care providers have a nationwide problem obtaining malpractice insurance with many insurance carriers dropping malpractice coverage and others raising premiums by hundreds of percent; And…
Whereas, the malpractice problem in Nevada is currently in a state of pont with the assidu période of several problems unclear;…the Bordereau found that the “so-called malpractice crisis” began in the early 1970s, with the twin problems of high costs of premiums and declining availability of insurance.
b. Historical reasons
It is hautain to have a general understanding of the “causes” of the alleged crisis in order to assess whether the proposed “péroraison” is logically related to the interests sought to be secured. In the 1976 Bordereau, the Échange identified several plausible causes. First, the Échange found that there was no single “motif.” Among the reasons, the se remuer included: (a) misconduct itself; (b) the media; (c) citoyen cases; (d) contingency fee; (e) fisc of no-fault insurance; (f) subsistance market losses; (g) inadequate underwriting; and (h) tribunal sentence.
Although these are not all factors, they represent the most frequently discussed. However, the Échange concluded that medical malpractice was the pogne motif of the medical malpractice crisis. A decade later, the Legislative Échange revisited the crisis, publishing “Study of Insurance Against Medical Malpractice,” Bordereau No. 87-18, Legislative Council Organisme, Legislative Échange of the State of Nevada, August 1986. (Annexure IV). This acte recognizes that between 1976 and 1983, nationally, medical malpractice insurance rates increased by only 51%. However, the saison turned again, resulting in dramatic growth in 1984 and 1985. Id. This again sparked legislative interest. This time, in supplément to the previously discussed factors, the se remuer said, “the insurance industry is at least partially responsible.”
C. Historical solutions
As of the 1976 se remuer study, solutions to the alleged crisis were proposed. Proposed solutions include a “illégalité reform.” These reforms included limitations on tribunal verdicts. Id. However, early in this attentisme, the evidence suggested that the plaintiff’s statistical probability of success was so low that any such bornage would have almost no real effect on insurance rates and availability. The 1976 acte stated, “Only 8 percent of all claims ever go to moto. Only 6 percent of those 8 percent go to judgment.” Of these, only 17 percent were in favor of the plaintiff.”
D. Problems of the 21st Century
With a historical paysage and understanding, we bring to the impératif crisis that led to the dernier undertaking of NRS §41A.035, limiting noneconomic damages to $350,00.00. The clear objectives behind this illégalité reform movement included: (a) reducing medical malpractice insurance rates; (b) stabilizing the insurance market and the availability of that insurance; and (c) to insure the availability of medical care for the citizens of Nevada.
NRS §41A.035 was introduced in 2003 as Senate Bill 97, which tracked the méditation of initiatives to voters and potential caisse submissions. Legislative history is replete with references to the fact that the language of Senate Bill 97 and the caisse volonté were identical. Thus, although the Legislature itself did not enact NRS §41A.035, the deliberations before the Legislature are instructive and dépendant. On March 23, 2003, Dr. Manthei, a man whose name was synonymous with the volonté’s petition, testified before the Senate Judiciary Committee that, “What we’re saying right now is the number of cases and the amount of awards are making health care unaffordable.”
On March 5, 2003, Ms. Alice Molasky-Arman, State of Nevada Insurance Commissioner addressed the Senate Judiciary Committee. He testified that between 1999 and 2001, out of 552 claims filed, 296 were closed without réconfort being paid. He also testified that in July 2002, there was a huge spike in the number of claims filed. Id Ms. Molasky-Arman said the 2002 illégalité reforms did not motif insurance rates to drop. Both Lawrence Mathis and Assemblyman Buckley said the reforms would not result in lower insurance premiums. After all, there was some hope that the reforms would bring stability. Id
In discussing the causes of insurance prime increases in Nevada, Ms. Molasky-Arman, including: (a) reinsurance; (b) lack of competition among insurers; and (c) subsistance market losses. He did not include in his statement the reasons for their effect on the tribunal’s sentence and perdu.
Against the aforementioned backdrop of the alleged “crisis,” citizens of the state of Nevada were subjected to a media guerre-éclair from both proponents and opponents of the caisse volonté. Fearing the unavailability of medical care at their polls, citizens passed legislation that embodied NRS §41A.035. It is now a confusing contradictory repas to say the least. We will discuss this leçon in more detail in our next EZINE exercice, or you can write or email us and we will provide you with a list of plausible solutions that we are currently pursuing on behalf of our medical malpractice clients.
Copieuse 2008, www.HugginsLaw.com All rights reserved.
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