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Kansas Supreme Court Upholds Damages Cap In Medical Malpractice Cases
In its opinion published on October 5, 2012, the Supreme Court of the State of Kansas (“Kansas Supreme Court”) upheld Kansas’ $250,000 cap on noneconomic damages in medical malpractice cases as...
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Physician Medical Malpractice Insurance Rates Fall For Fifth Consecutive Year
The premiums that physicians pay for medical malpractice insurance in the United States fell for the fifth consecutive year in 2012 for physicians in the following medical specialties:...
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Physician Opinions Regarding Medical Malpractice Tort Reform
The results of an online survey of the opinions of 1,548 physicians throughout the United States that was conducted between August 31, 2012 and October 31, 2012 regarding medical malpractice tort...
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How Are Medical Malpractice Reform Efforts Similar To An Assault Weapons Ban?
How are medical malpractice reforms similar to efforts to ban assault weapons? There would seem to be no similarity, at first blush — whether you are “pro-gun rights” or “anti-gun,” you could not...
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Colorado Medical Malpractice Damages Cap Reduces $10 Million Jury Award To...
A 36-year-old man was left paralyzed from the chest down due to medical malpractice, as determined by a Colorado medical malpractice jury that awarded him $10 million for the noneconomic damages that...
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Illinois Bill To Adjust Cap On Medical Malpractice Attorneys Fees Passes In...
Senate Floor Amendment 2 to Illinois House Bill 5151, which passed in the Illinois Senate on January 3, 2013 on a 36-15 vote, would cap attorneys’ fees in medical malpractice cases at one-third of a...
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SMART Act Signed Into Law
On January 10, 2013, President Obama signed into law the bipartisan SMART Act (Strengthening Medicare and Repaying Taxpayers Act, H.R. 1845, Title II), which helps senior citizens and disabled persons...
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On January 8, 2013, the Governor of Michigan signed into law the so-called (and grossly misnamed) “Patients First Reform Package” that “clarifies” that loss of society or companionship constitutes...
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2 Big Myths Regarding Medical Malpractice Insurance Companies’ Profits And...
There is so much misinformation and just plain false information regarding the reasons for rising medical malpractice insurance premiums that have been offered as the basis for the need for so-called...
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Today’s Blog Celebrates Two Years Of Consecutive Daily Blogging
Today we have reached the milestone of two years of consecutive daily blog postings. Tomorrow, we start our third year and we look forward to keeping our readers current with regard to medical...
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Proposed Changes To Florida’s Medical Malpractice Law Will Further Harm...
On April 2, 2013, the Florida Senate Rules Committee voted in favor of Florida Senate Bill 1792 (SB 1792), which would change Florida’s medical malpractice law to be more slanted in favor of negligent...
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Iowa’s Misguided Medical Malpractice Reform Efforts
The Iowa Legislature is considering bills in both its House and Senate that would “reform” its medical malpractice laws. As one example, Senate Study Bill No. 1054 would add a requirement for a...
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Tennessee Court Of Appeals Upholds Pre-Suit Notice Requirement
On April 17, 2013, the Court of Appeals of Tennessee turned down a constitutional challenge and upheld Tennessee Code Annotated Section 29-26-121, which requires a medical malpractice claimant to...
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Study Finds Medical Malpractice Litigation Leads To Patient Safety Improvements
In an op-ed opinion by a law professor appearing on May 16, 2013 in The New York Times, the law professor discussed her survey of more than 400 people who are responsible for hospital risk management,...
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Frivolous Fears Of Frivolous Medical Malpractice Lawsuits
The rallying call of doctors, hospitals, and their medical malpractice insurance companies and well-paid political lobbyists who fearmonger state and federal legislators with cries that ”frivolous”...
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Federal Effort Aimed At Reducing Medical Malpractice Incidents In The U.S.
On September 9, 2009, President Obama directed the Secretary of the U.S. Department of Health and Human Services (“DHHS”) to establish an initiative to help U.S. states and health care systems test...
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Oklahoma Supreme Court Finds Medical Malpractice Expert Affidavit Requirement...
On June 4, 2013, the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) held that the Oklahoma statutory requirement that an affidavit of merit be filed in actions for professional...
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“I Have Nothing To Hide” And Other Stupid Statements
News reports in the United States have focused much attention on the federal government’s recently revealed secret programs designed to surreptitiously intercept, monitor, store, and review routine...
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“We Have Nothing To Fear But …. Ourselves”
One of the most memorable of all of the Presidential Inaugural Addresses is from President Franklin D. Roosevelt’s Inaugural Address that was broadcast on March 4, 1933, when the Great Depression had...
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Pennsylvania Medical Malpractice Cases Declining, But For The Right Reason?
A report from the Administrative Office of Pennsylvania Courts has noted a decrease from 1,675 medical malpractice cases filed in the Pennsylvania courts in 2011 to 1,508 medical malpractice cases...
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