
Unfortunately, the insurance industry was able to convince the Nevada State Legislature, then the Nevada voters to institute tort reform based on a "malpractice crisis" leading to fears that our doctors would flee the state if tort reform was not passed. The second wave of tort reform removed an exception to the limits on non-economic damages based on "gross negligence." The second change took effect in 2004 - just in time (coincidentally???) for at least one clinic (or clinics owned by the same doctors) to choose to re-use needles and/or vials of medication on different patients. I will be posting little more on this on my blawg, vegaslitigator.blogspot.com, next week. For those interested, please see Nevada Revised Statutes 41A.031 which was replaced by NRS 41A.035 and new stories on the Endoscopy Centers in Nevada.
By the way, has anyone compared the rises in rates of malpractice insurance for other professions (i.e., attorneys and accountants) with those of doctors??
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