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Medical Malpractice Dispute Continues

Arizona attorneys and law firms are prepping for retaliation against the Arizona Medical Association's efforts to cap damages in medical malpractice suits. The association is arguing that mounting expenses in medical malpractice cases are costing the state of Arizona millions, significantly affecting the availability of healthcare. In order to assess their argument, the Arizona Medical Association will conduct polling and legal research to determine the views of Arizonans and establish if their proposal will be effectively campaigned.

Attorneys are prepared for the fight, after prompting from the Fairness and Accountability in Insurance Reform to gather funds for the rebuttal. Legal professionals opposing the cap on medical malpractice have already raised an estimated $700,000 for the counter campaign. Among the largest contributors in the state of Arizona were the law offices of Goldberg and Osborne in Phoenix and several other large Phoenix and Tucson based firms.

Capping medical malpractice punitive damages would create standardized regulations on medical malpractice suits with little or no regard to specific or outstanding cases.

A similar case of attempted medical malpractice caps ensued this past year in the state of Washington. The doctors were denied the right to cap medical malpractice punitive claims and the lawyers were denied the right to establish a three-strikes standard for doctors with a medical malpractice history.

If the Arizona Medical Association pursues the campaign to limit medical malpractice damages, initial efforts could amount to as much as eight million dollars. The case is expected to begin as soon as February.


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