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Article Excerpt Newly codified damages caps in Florida and Texas--which proponents touted as a solution to rising medical malpractice insurance rates--will have little or no immediate effect on premiums after all, according to regulatory agencies in those states.
Trial lawyers and others who opposed the caps--arguing that similar measures in other states had produced no rate reductions--said they are not surprised that lower premiums have not materialized, and they predict that rates will continue to rise or, at best, stabilize in the foresecable future.
Gov. Jeb Bush signed the Florida cap, which limits noneconomic damages in medical malpractice cases to $500,000, in August. While state legislators debated the cap, its supporters argued that limiting malpractice damages would reduce costs to insurance companies that paid those damages and that the insurers could pass the savings on to doctors by lowering premiums. This, "reformers" argued, would ease the financial burden on doctors who had seen rates rise as much as 50 percent in recent years, forcing some to either drop coverage or quit practicing medicine.
On the basis of those claims, legislators included a provision requiring the state's...
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