Medpundit

	medpundit

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Wednesday, August 04, 2004

Kerry MedMal Tort Reform: The Kerry campaign let go a trial balloon of their tort reform intentions, including a proposal to do away with punitive damages in all but the most egregious cases. But, the professional liability law blog DeclarationsandExclusions points out there's probably not a whole lot of "there" there:

In many states, the proposed changes to punitive damage law would be no change at all, while in others a "gross negligence" standard would actually expand punitive damage claims. Under current California law, for instance, "negligence" no matter how gross will not support a claim for punitive damages, which are permitted almost exclusively in cases of intentional wrongdoing and "despicable" conduct.

He has more analysis.

posted by Sydney on 8/04/2004 09:09:00 PM 0 comments

Wednesday, August 04, 2004

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