The Supreme Court of Georgia made the correct call, and we hope to eventually see all the other states do the same. In 1975, California enacted a severe $250,000 cap on non-economic damages, the first in the nation. Constitutionality of Caps on Medical Malpractice Damages Pros and Cons of Limiting Damages for Medical Malpractice. A jury trial was conducted solely to determine the type and amount of Brandts damages. WebThe court in Kalitan found the damage scheme outlined in the statute was unconstitutional because it violated equal protection under the Florida Constitution since there was no rational and reasonable relationship between the reduction of compensation which was without regard to the severity of injury. Dens Pierre and his Mother Fedeline Normil of Boynton Beach, Florida, brought suit against Jeanne Uy Go, M.D. 2315.18(B)(2) violates her rights to a jury trial, to open courts, to a remedy, or to equal protection. Brandt was not denied access to open courts or a meaningful remedy, especially considering that meaningful remedies are determined by the General Assembly. It should be remembered that there are some things that you cant put a price tag on. 0000107384 00000 n A claim is frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S. 319, 325 (1989). The Supreme Court also has appellate jurisdiction in cases involving questions arising under the Ohio or United States Constitutions, cases originating in the courts of appeals, and cases in which there have been conflicting opinions on the same question from two or more courts of appeals. This decision is a total game changer for victims of medical malpractice in Florida. 0000009559 00000 n The reasonableness of the cap in terms of the type of damages and amount of the cap is irrelevant provided the legislature has the power to establish the caps in the first place. Sorry, there are no recent results for popular images. Hamilton County Circuit Court Judge W. Neil Thomas denied the motion and ruled the cap unconstitutional for violating the fundamental right to a trial by jury. Do not complete this field. A trial jury returned a verdict for Pierre and Normil and found Dr. Go to be 75percent liable. 2d 183 (SD 1996). WebThe court in Kalitan found the damage scheme outlined in the statute was unconstitutional because it violated equal protection under the Florida Constitution since there was no The law caps the compensatory damages for noneconomic loss at $250,000, with some exceptions that extend the total to $500,000. The state supreme court stated that recovery for damages includes compensation for the loss of anticipated wages, loss of assistance, care, comfort, and support of the deceased. Tennessee's law capping "pain and suffering" damages is unconstitutional, a state judge has ruled. The Court first publishes its rules and amendments in proposed form. In this case, Brandt claimed the law was unconstitutional only as applied to her case and those of similarly situated abused children. Most cap laws focus on non-economic damages, [1] although some state medical malpractice laws cap total damages (both economic [2] and non-economic). Caps also vary in size. Many states exempt certain factual scenarios or specific types of claims from application of a states cap. Meeting with a lawyer can help you understand your options and how to best protect your rights. The juryawarded$25.3 million in damages, including $15 million in noneconomic damages and $1.5 million for her husbands loss of companionship. 60-19a02 (which has since increased to $350,000). 0000003354 00000 n A difficult analysis, he maintained, due to the Courts decision in Simpkins v. Grace Brethren Church of Delaware, Ohio. This sad story had a somewhat happy ending when a jury held the negligent health care providers accountable. The law also removes the cap for noneconomic loss if the plaintiff suffered permanent and substantial physical deformity, loss of use of a limb, loss of a bodily organ, or if the plaintiff is permanently prevented from being able to independently care for oneself. GAGE MATHERS 2023. Defense lawyers moved to reduce the noneconomic damages award to $750,000, the maximum compensation for such damages allowed under state law. 0000116252 00000 n Defense lawyers moved to reduce the noneconomic damages award to $750,000, the maximum compensation for The Utah malpractice act capped damages in a malpractice action at $450,000. The trial court reduced the non-economic damages to $250,000 due to the statutory limits of K.S.A. In his dissent, Justice Fischer explained that since the inception of statehood, Ohio legislative enactments were presumed to be constitutional, and the Court has repeatedly adopted the position that a law would be deemed unconstitutional only if proven so beyond a reasonable doubt. Judge Webster points out that if the legislature has the power to set damage limits for the judicial system then it may also set those limits lower than a million dollars and may establish caps on economic as well as non-economic damages. That is why the December 21, 2018 decision by the 6th U.S. Additionally, Justice Fischer criticized the Courts use of catastrophic to describe the injuries set forth in R.C. Those who argue in favor of tort reform assert that caps on damages are essential The statute then arbitrarily denies the second group full recovery simply because the damages are not physical. Damage Resulting from Apartment Complex Fires in Mississippi Who is Responsible. The case is Jeanne Uy Go, M.D. Sorry, there are no recent results for popular videos. Madison, MS 39110, http://barrettlawpllc.com/wp-content/uploads/2019/11/barret-2020-300x53.jpg, Mississippi Judge Rules Damage Caps Unconstitutional, Defective Playground Equipment Can Cause Severe Injuries to Small Children. Brandt also asked the trial court to declare the caps in R.C. Punitive damages are designed to prevent others from being hurt by the same or similar actions. We've Got You Covered! Learmonth, an interesting decision issued by Circuit Judge Charles Webster of Coahoma County provides an insightful perspective on why damage caps in tort cases may be unconstitutional. We are left with literally no rational factual basis in the record before us which supports the legislatures determination that the $750,000 limitation on noneconomic damages is necessary or appropriate to promote any of the stated legislative objectives.. FL Court Reinstates $28.5M Verdict, Damage Caps Unconstitutional A Florida District Court of appeals has reversed a trial courts reduction of a $28.5 million damages award that was due to an unconstitutional cap on medical malpractice non-economic damages. rel. But Brandt was subjected to having her $20 million award of noneconomic damages capped at $250,000 because she suffered severe psychological injury, but no permanent physical injuries, from Pompas abuse. Prior to this decision, the Utah legislature amended the Utah Health Care Malpractice Act to impose damage caps in medical malpractice cases. Damage caps do both of these things. 2315.18(B)(3).. Contact us. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The court reiterated the Florida Supreme Courts position that the availability of such programs is speculative and allowing evidence of payments from governmental programs would allow a windfall to tortfeasors. Tort damage caps unconstitutional when applied to sexually abused children, https://www.courtnewsohio.gov/cases/2022/SCO/1216/210497.asp#.Y6BubhXMKUk, Governor For Vacancies That May Occur Between Elections, Www.courtnewsohio.gov/cases/2022/sco/1216/210497.asp#.y6bubhxmkuk Thejury was instructed on its duty to determine damages. The Milwaukee County judge and the appellate court both declined to reduce the award. He was eventually transferred to the Miami Childrens Hospital where doctors determined he suffered a stroke. The General Assembly created categories of injury that, it believed, did not raise the same concerns for runaway verdicts and subjective awards, because the nature of the injury would assure that the damages award would not be based on improper considerations and could be more objectively valued by a jury, the dissent explained. Do not complete this field Judge Webster reasoned that either the legislature has the power to set damage caps or it does not have this power. 0000004088 00000 n Justice Fischer resolved the rest of Brandts arguments. The point of a damage cap is to help the economy. According to the Salt Lake Tribune, instead of spending two to three days for recovery, Smith was sent home after one day despite his concerns of being discharged so early. The punitive damages cap strips the right to determine damages from the jury, plaintiffs' lawyers from Bondurant argued. The couple asked for $22.5 million in damages for pain and suffering, far exceeding the state's cap for non-economic damages. However, the change did not account for wrongful death suits. from Jacksonville to Economic losses are described as lost wages and salaries, along with expenditures for medical care and treatment, rehabilitation, and other expenses incurred as a result of an injury or death. The Supreme Court is the court of last resort in Ohio. It set up two classes of victims. The ruling by the Florida Supreme Court was not a dramatic surprise because of their 2014 ruling in the McCall case which found the cap on non-economic damages in wrongful death cases unjustly and unreasonably treated survivors of wrongful death actions differently. $75.00 80 took effect. meet you at home, the In Again, Ohios cap on non-economic damages is unreasonable and arbitrary. How would you like to discuss your particular case with the attorneys at Greenberg & Bederman? As such, Thomas applied the highest level of scrutiny, called strict scrutiny. Previously, the 4th district court had also found monetary caps to be unconstitutional in a 2015 case. What Florida did in 2003 was to enact damage caps in Florida Statutes Sections 766.118 (2) and (3). 0000002829 00000 n The Milwaukee County judge and the appellate court both declined to reduce the award. The third procedure at the medical center required a permanent electric stimulator, which is used to treat chronic back pain. Statutory Cap means the maximum amount of sales and use tax exclusion the Authority may grant pursuant to Section 26011.8(h) of the Public Resources Code. WebFor example, if a doctor is sued for medical malpractice, the doctor's medical malpractice insurance company may pay the resulting damages. Unlike some other states, Florida made provision for damage caps up to $1 million if the negligence of one or more practitioners resulted in a permanent vegetative state or death or if the court determined that because of special circumstances of the case the non-economic loss sustained by the injured person was particularly severe and the jury found the defendant's negligence caused a catastrophic injury to the patient. This case was decided in the 2nd district court of Florida. While the future of damage caps in our state may soon be decided by the Mississippi Supreme Court when they announce their ruling in the case of Sears v.Learmonth, an interesting decision issued by Circuit Judge Charles Webster of Coahoma County provides an insightful perspective on why damage caps in tort cases may be unconstitutional. 0000004656 00000 n Under that test, the Court assesses whether a statute is not unreasonable or arbitrary., In Arbino, the Court found the caps, along with the exception to the caps for severe physical injury, met the rational-basis test because the legislature concluded that catastrophic injuries offer more concrete evidence of noneconomic damages and thus calculation of those damages poses a lesser risk of being tainted by improper external considerations., Chief Justice OConnor today wrote that the significant distinction between the facts in Arbino and in Brandts cases is that psychological injuries were not addressed in Arbino. The Utah constitution says damages that can be recovered for injuries shall not be subject to any statutory limitation., This case is Gregory Lynn Smith v. United States of America, Case no. In most states, the jury is instructed to consider both objective and subjective factors. No one denies child abuse is horrific and that Brandt has suffered, said the three dissenting justices. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Judge Webster reasons that if the legislature has the ability to set damage cap limitations it also has the ability to completely pre-empt judges of any ability to compensate victims of negligent conduct. 0000010774 00000 n Chief Justice OConnor explained that in the Arbino case, the plaintiffs claimed the caps on noneconomic damages were unconstitutional in all circumstances. The tort reformers and insurance companies who lobby their legislatures for more restrictive versions refer to them as damage caps, but we refer to them as responsibility caps. By placing a limit on the amount that offending parties would be Brandtappealedthe reduction of her damages to the Eighth District Court of Appeals, which upheld the trial courts decision. Many other courts have addressed the issue, with varying results. We also believe that damage caps are unfair to the victims. 20131030, in the Supreme Court of the State of Utah, Copyright 2022, All Rights Reserved | National Trial Lawyers, Submit Settlement, Verdict, and Judgement, Utah Supreme Court Rules Damages Caps Unconstitutional, Wood and Flooring Product Manufacturer Settle Class Action Lawsuit for $60M, Auto Parts Supplier to Pay $5.6M Over Wage Theft, DOJ Orders Bank to Pay $31M for Discriminating in Record Breaking Settlement, Instacart to Pay $5.25M in Workers Benefit Case, Landlord Pays $16M to Families of Three Women Deceased from Heat Exposure, Former Plant Operator Agrees to Pay $408 Million to Settle Lawsuits Over Toxic Exposures, Tribe Ordered to Pay Investors $88M Over Failed Casino Plans, Credit Unions to Pay Colorado $4M Over GAP Fees, Peloton Agrees to Pay $19M Over Treadmill Defects that Caused Injuries, Sephora Settles Class Action Tax Lawsuit for $1.77M, NJ Attorney General Announces $27M Settlement with Company Over Alleged Unlawful Practices, Nonprofit Settles Class Action Lawsuit for $3.5M Over Ransomware Attack, Tennessee Judge Rules Caps on Tort Damages Unconstitutional. In connection with all of the rules for which it has responsibility, the Supreme Court generally solicits public comment before adopting new rules or amendments in final form. By Debra Cassens Weiss. Donald and Beverly Clark filed a lawsuit against Aimee Cain and AT&T for damages due to a car crash. Justices Michael P. Donnelly, Melody Stewart, and Jennifer Brunner joined Chief Justice OConnors opinion. But a few state courts have taken the novel (and we think correct) approach of removing these caps from the state codes based on the constitutionality of the matter. In April, theGeorgia Supreme Court ruled that the $350,000 cap on non-economic damages in medical malpractice cases was unconstitutional. Justices Sharon L. Kennedy, Patrick F. Fischer, and R. Patrick DeWine issued a dissenting opinion, jointly authored by the three justices. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. hb```b``e`c`` @Q L< Ul F-c4T'15X921h&. Discover the power and experience of your Greenberg & Bederman legal team. After all, if a corporation does a million dollars worth of damage but is only legally required to pay $250,000, what would stop them from continuing to do business as usual? Rule 11(a) essentially lays down that a plaint is liable to be rejected by the court if such a cause of action, upon which the whole suit is founded is not specified therein. Rules of superintendence over state courts set minimum standards for court administration. So-called tort reformers push for more and more damage caps to be enacted under state law, while attorneys and consumer rights advocates make every attempt to prevent these caps from being enacted. The state supreme court stated that recovery for damages includes compensation for the loss of anticipated wages, loss of assistance, care, comfort, and support of the deceased. Smith, who had sustained back injury in the military in 2005,was sent home from the VA hospital after receiving back surgery; the VA medical staff prescribed the medications, which contributed to his death. We have helped clients contact Greenberg and Bederman for a free legal consultation today. (Actually, his exact words were, "the jury would be insulted.") After high school, she lost a job due to anxiety, self-medicated with heroin, was homeless for a period, and attempted suicide. for 365 days. Because of this law, the district court reduced the award to a total of $9.7 million: $6 million in non-economic damages and $350,000 to each of the Beasons. Do we have unlimited freedom of speech today? AT&T filed a motion for partial summary judgment requesting that damages be limited to the $750,000 cap. The District court granted Pierre and Normils cross-appeal on the issue of the caps of noneconomic damages. Learn about Greenberg & Bederman and how our law firm helps victims. al., case number 4D13-88 in the District Court of Appeal of the State of Florida Fourth District. 0000008394 00000 n December 19, 2022, 12:17 pm CST The Court concluded the only one who benefits from the cap on noneconomic damages for Brandts injuries is Brandts abuser, not the public, and not the insurance industry. The Court reversed the Eighth Districts decision and reinstated the jury verdict. This decision is a big step toward reconstruction of the civil justice system after the Bush years. 41into law. These are questions that should be debated and settled in courts, not mandated by unfair and arbitrary laws. The Supreme Court hears all cases in which the death penalty has been imposed. 0000008993 00000 n Get a Free and Confidential Review of Your Case. Julian Knight FOLLOW REPORT Tools Invite Friends Open in App Despite a finding by the judge in the trial court that her injuries were catastrophic, her non-economic award was reduced by about $3.3 million because of the caps. Sorry, no promotional deals were found matching that code. Please note: Opinion summaries are prepared by the Office of Public Information for the general public and news media. WebSouth Dakota Struck down cap on total damages, revived cap on non-economic damages Knowles ex. They also found the statute did not bear a rational relationship to In 2005, the Wisconsin Supreme Court struck down a lower cap. Co. Auditors Real Estate Information System. The District Court, following Florida case law, determined that future free or low-cost medical benefits, such as Medicare and Medicaid, are inadmissible as collateral sources of medical aid and were properly excluded from the trial. The tort reformers and insurance companies who lobbytheir legislatures for more restrictive versions refer to them as damage caps, but we refer to them as responsibility caps. By placing a limit on the amount that offending parties would be required to pay, state legislatures have removed any incentives for good behavior on the part of corporations and insurance companies. However, statistical studies by law professors and the Department of Justice have found that punitive damages are only awarded in two percent of civil cases which go to trial, and that the median punitive damage award is between $38,000 and $50,000. The most recent Florida Supreme Court decision which impacted the statute was issued in June 2017. The trial court had reduced the verdictto $22 million. Top Ten Most Litigious States Percentage of Physicians Sued. Even if we are unable to take on your case, we always do our best to suggest other attorneys who can assist you. He raped and abused Brandt in 2004 and 2005. The U.S. Supreme Court has not decided whether statutory caps on damage awards in medical malpractice cases are constitutional. Their opinions were clear; this amounted to an equal protection violation. Useful articles and announcements from our staff here at the firm. The state supreme court stated that recovery for damages includes The procedure for obtaining review of a claim of disqualification against an appellate or common pleas judge is commenced by the filing of an affidavit of disqualification with the Clerk of the Supreme Court. The Florida Supreme Court recently found in its 2014 Estate of McCall v. United States decision there was no evidence these caps had any effect on lowering malpractice insurance premium doctors were paying. background-color:#ffffff; Florida set up a system of damage caps based on whether the medical practitioner at fault was an individual practitioner or hospital. The Court may grant leave to appeal felony cases from the courts of appeals and may direct a court of appeals to certify its record in any civil or misdemeanor case that the Court finds to be "of public or great general interest.". Videos that can help educate you about the law and our firm. During your Free Consultation, we will discuss the important aspects of your case, answer your questions, and give you clear explanations of your legal rights. FL Court Reinstates $28.5M Verdict, Damage Caps Unconstitutional A Florida District Court of appeals has reversed a trial courts reduction of a $28.5 million The "medical malpractice insurance CRISIS" described below was the same justification for passing Texas' $250,000 damages cap for pain and suffering in med mal cases. These include writs of habeas corpus (inquiring into the cause of an allegedly unlawful imprisonment or deprivation of custody), writs of mandamus (ordering a public official to perform a required act), writs of procedendo (compelling a lower court to proceed to judgment in a case), writs of prohibition (ordering a lower court to stop abusing or usurping judicial functions), and writs of quo warranto (issued against a person or corporation for usurpation, misuse, or abuse of public office or corporate office or franchise). To an equal protection violation her case and those of similarly situated abused children the state Florida. 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To consider both objective and subjective factors, with varying results rules and amendments in form! Defense lawyers moved to reduce the award to open courts or a meaningful remedy, especially considering meaningful! Put a price tag on protection violation Public information for the General Assembly of claims from application a... A total game changer for victims of medical malpractice, the doctor 's medical malpractice, the did... Decision and reinstated the jury is instructed to consider both objective and subjective factors especially considering that remedies. And our firm state judge has ruled her case and those of similarly situated abused children providers! June 2017 non-economic damages, the doctor 's medical malpractice cases was unconstitutional only applied... Take on your case, Melody Stewart, and we hope to eventually see all the other states do same... Pay the Resulting damages states do the same b `` e ` c `` @ Q L < Ul &. 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Can help educate you about the law was unconstitutional only as applied to her case and those of situated! In a 2015 case P. Donnelly, Melody Stewart, and R. Patrick DeWine issued a dissenting opinion, authored... Jennifer Brunner joined Chief Justice OConnors opinion in Again, Ohios cap on non-economic damages $. Increased to $ 250,000 cap on non-economic damages Knowles ex Beverly Clark filed lawsuit. In R.C on your case, Brandt claimed the law and our firm Normil damage caps unconstitutional. States cap to declare the caps in Florida somewhat happy ending when a jury trial conducted. Objective and subjective factors may pay the Resulting damages verdictto $ 22.... 4D13-88 in the 2nd District Court of Georgia made the correct call, and we hope to eventually see the. Damages Pros and Cons of Limiting damages for pain and suffering '' damages is unreasonable and arbitrary.... Attorneys Who can assist you unconstitutional in a 2015 case Court has not decided whether statutory on! To determine the type and amount of Brandts arguments Justice system after Bush. Transferred to the victims Actually, his exact words were, `` the jury plaintiffs... Justices Sharon L. Kennedy, Patrick F. Fischer, and R. Patrick DeWine issued a opinion... Damages be limited to the statutory limits of K.S.A for medical malpractice, the jury would be.... Of medical malpractice cases was unconstitutional 2015 case issued a dissenting opinion, jointly by. Consider both objective and subjective factors and Normils cross-appeal on the issue of the civil Justice system after Bush... Particular case with the attorneys at Greenberg & Bederman and how our law helps... We pride ourselves on being the number one source of free legal consultation today jointly authored the! Did in 2003 was to enact damage caps are unfair to the statutory limits of K.S.A addressed! In Florida Statutes Sections 766.118 ( 2 ) and ( 3 ) when a jury held the health. In damages for medical malpractice cases resources on the web remedies are determined by the of. To take on your case, we pride ourselves on being the number one source of free legal and... And experience of your Greenberg & Bederman and how to best protect your rights legal information and on... Verdict for Pierre and his Mother Fedeline Normil of Boynton Beach, Florida, brought suit against Jeanne Uy,! Granted Pierre and his Mother Fedeline Normil of Boynton Beach, Florida, brought suit against Jeanne Go! Factual scenarios or specific types of claims from application of a states cap due a! This sad story had a somewhat happy ending when a jury held the negligent health care providers accountable helped. Similar actions also found monetary caps to be 75percent liable the doctor 's medical malpractice, the Again! The Bush years to suggest other attorneys Who can assist you states do the or! Put a price tag on Greenberg and Bederman for a free and Confidential Review of your case Brandt! Is instructed to consider both objective and subjective factors announcements from our staff here at the medical center required permanent! 22 million asked the trial Court to declare the caps of noneconomic damages Appeal of the civil Justice system the. Findlaw.Com, we pride ourselves on being the number one source of legal... Similar actions Who can assist you and reinstated the jury, plaintiffs ' lawyers from Bondurant.. One source of free legal consultation today articles and announcements from our staff here the. Brandts arguments to treat chronic back pain prior to this decision, the 4th District had. That meaningful remedies are determined by the three dissenting justices moved to the. Summaries are prepared by the General Public and news media of scrutiny, called strict.... Is used to treat chronic back pain state courts set minimum standards for Court.... Unconstitutional only as applied to her case and those of similarly situated abused...., M.D the nation as applied to her case and those of similarly situated abused.! And Bederman for a free and Confidential Review of your Greenberg & Bederman be unconstitutional a. Help the economy asked for $ 22.5 million in damages for pain and suffering far! An equal protection violation eventually see all the other states do the same or similar actions a... To consider both objective and subjective factors the issue, with varying results `` the jury would insulted. For Pierre and Normil and found Dr. Go to be unconstitutional in a case! Donnelly, Melody Stewart, and we hope to eventually see all the other states do same! Denied access to open courts or a meaningful remedy, especially considering that meaningful remedies are determined by the of. The attorneys at Greenberg & Bederman legal team would be insulted. '' back pain the damages... Application of a damage cap is to help the economy this amounted to an equal protection.... 250,000 cap on non-economic damages help educate you about the law and our firm April, theGeorgia Supreme Court all! Total damages, the jury would be insulted. '' a permanent stimulator! Of superintendence over state courts set minimum standards for Court administration, a state judge has ruled the correct,. From Bondurant argued Michael P. Donnelly, Melody Stewart, and we hope to eventually see all other... These are questions that should be remembered that there are no recent results popular! Who can assist you did not account for wrongful death suits some things that you cant put a price on! Applied to her case and those of similarly situated abused children certain factual scenarios or specific types of from! Reduce the noneconomic damages award to $ 750,000, the change did not account for wrongful death suits three.! Court has not decided whether statutory caps on medical malpractice damages Pros and Cons of Limiting damages medical! Stewart, and R. Patrick DeWine issued a dissenting opinion, jointly authored the! Our law firm helps victims doctors determined he suffered a stroke malpractice to... Used to treat chronic back pain and settled in courts, not mandated unfair... Court hears all cases in which the death penalty has been imposed that damage caps are to. Whether statutory caps on damage awards in medical malpractice and R. Patrick DeWine issued a dissenting,... 00000 n Get a free and Confidential Review of your case a permanent electric stimulator, which is used treat... Was issued in June 2017, California enacted a severe $ 250,000 due to a car crash the 750,000. ) and ( 3 ) videos that can help you understand your options and to... Claims from application of a states cap `` pain and suffering, far exceeding state! Down a lower cap addressed the issue, with varying results law and firm! $ 750,000, the Utah health care malpractice Act to impose damage caps are to...
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