[hswoo2]

In Australia if you had an aortic aneurism such that it was highly likely for you to die anyway it is highly unlikely for you have any claims in the tort of negligence as it requires a gross negligence on the part of the doctor such that it has a substantial link to the causation of the death. There also defences of necessity - that is the person is dying therefore it is necessary for the doctors to take all measures to save the patient. Thus it is probably significantly difficult for a person to be successful in medical malpractice unless it was blatantly largely caused by the doctor alone.

I also would guess that the US would have a similar legal system, which allows for such defences from such claims.

It seems that if courts are paying out too much this is not an issue to do with people making frivolous claims and cashing in but with the way the judiciary is deciding on the claims. If it was more difficult for claims to be successful in court this would stamp out such claims instead of imposing monetary caps which don't allow for the flexibility to compensate each individual case.

I find it strange that the legislature is getting involved in an area which is really up to the judiciary to perform its function...