Who is a health care provider?: statutory interpretation as a middle-ground approach to medical malpractice damage caps

OA Version
Citation
Margolis I. Who Is a Health Care Provider?: Statutory Interpretation as a Middle-Ground Approach to Medical Malpractice Damage Caps. American Journal of Law & Medicine. 2023;49(4):493-510. doi:10.1017/amj.2024.5
Abstract
Debates over the effectiveness, constitutionality, and fairness of medical malpractice damage caps are as old as the laws themselves. Though some courts have struck down damage caps under state constitutional provisions, the vast majority hesitate to invalidate malpractice reform legislation. Instead, statutory interpretation offers a non-constitutional method of challenging the broad scope of damage caps without fully invalidating legislative efforts to curtail “excessive” malpractice liability. This Note examines the term “health care providers” in construing malpractice reform laws and identifies two predominant forms of statutory interpretation that state courts apply. In doing so, this Note offers recommendations for courts and legislatures to best balance the goals of the malpractice reform movement with patients’ interests in recovery for medical injuries.
Description
License
© 2024 The Author(s). This article has been published under a Read & Publish Transformative Open Access (OA) Agreement with CUP.