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Arizona attorneys are uniting to defeat a pending Arizona Medical Association campaign to limit the amount of non-medical damages one can receive in a medical malpractice suit. Doctors are arguing that the increasing cost of excessive punitive damages are costing the state of Arizona a substantial amount of money, in turn affecting the availability of healthcare.
This initiative campaign, which could cost as much as $8 million in the beginning stages alone, will be adamantly counteracted by angered trial lawyers who believe the real culprits of the financial problems are the insurance companies. Should the Arizona Medical Association successfully cap damages for people involved in a medical malpractice suit, claims for medical malpractice would be restricted and highly regulated without consideration for unique details of each case.
Attorneys and law firms in the state of Arizona have already joined together to raise over $700,000 in preparation for the retaliation against the efforts of the medical association. This sum will only comprise a portion of the costs to prevent damage capping should the Arizona Medical Association go through with their campaign.
Among the highest contributors to the defense fund were the law offices of Goldberg and Osborne in Phoenix, donating an estimated $100,000 and several other Tucson and Phoenix attorneys who have donated $25,000-$50,000 to the effort.
Attorneys began fundraising for the rebuttal in response to a request from the Fairness and Accountability in Insurance Reform, who was aware of the AMA''s plans to change medical malpractice policy though a comprehensive campaign highlighting the community burden of lawsuits on healthcare availability.
While seemingly an effective approach to induce fear of inadequate healthcare, studies must be performed in Arizona to determine whether or not Arizonans find health care access in the state to be a problem. This study will help determine the effectiveness of the Arizona Medical Association''s campaign and determine the need for the attorneys to act.
In a similar case that occurred in Washington state, doctors were defeated in their quest to cap damages in a medical malpractice suit, however, lawyers were denied the right to establish a three strikes rule for doctors.
Arizona attorneys are uncertain of when the case will come afloat; however, mounting rumors indicate that the battle is not far away and may begin as soon as February.