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A Health Care Access Crisis in States Without Caps: Uncapped pain and suffering awards, and out-of-control litigation are dismantling health care systems in states without effective caps. A few examples include: In Oregon, liability premiums case law for family practice case law physicians that deliver babies have increased 332 percent case law since caps on non-economic damages were struck down in 1999. In Washington, where their short-lived caps were struck down in 1988, fewer doctors are delivering babies and more women are arriving in Washington hospitals never having received prenatal care. In Illinois, where in 2002 uncapped non-economic damages accounted for 91 percent of the average jury award, OB-GYNs have fled the state, many coming to Wisconsin. Southern Illinois is devoid of neurosurgeons and without head trauma coverage. In Ohio, where caps were struck down in 1991 and again in 1995, a 2004 survey of physicians conducted by the Ohio Department of Insurance indicated that nearly 40 percent of those who responded said they had retired, or planned on retiring in the next three years due to rising insurance costs.
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