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Physicians are traditionally liable under a negligence rule of liability. Economic analysis of liability rules …, including malpractice, assumes that the primary function of liability is injury prevention (deterrence). Compensation can be … for efficient care, hence there should be no negligence, no claims and no demand for liability insurance. In practice, the …
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In an effort to reduce the amount of compensation available to persons injured by medical malpractice and other torts, opponents of the civil justice system are proposing to limit claimants' recovery for future care expenses to the maximum annual out-of-pocket limit under the Affordable Care Act...
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