Discussion Question 2: Torts and Medical Malpractice
Research medical malpractice laws in your state and answer the following questions:
- How is medical malpractice defined in your state? Give an example of a recent case from your state.
- What is the statute of limitations for medical malpractice claims?
- Does your state limit damages? Are punitive damages allowed?
- What limits, if any, are there on attorney's fees?
- Are there special restrictions on expert witness testimony for medical malpractice?
- Are the parties required to submit to alternative dispute resolution (ADR) before a hearing is scheduled?
- Do you think injured defendants should be required to submit to ADR? Why or why not?
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