New York Gov. Kathy Hochul unveiled her 2022-2023 Executive Budget in late 2021, which included a more than $10 billion, multi-year investment in the state’s healthcare system. It also contained two proposals that would affect the medical liability community. Executive Budget Proposal: Healthcare Initiatives and Workforce Expansion The governor’s budget proposal would fund healthcare initiatives […]

The Alaska Supreme Court overturned a long-standing law that limited damage awards for medical malpractice cases where claimants had received compensation from a collateral source, such as a health insurer. This landmark ruling, which challenges the fairness of double deduction rules in malpractice cases, has significant implications for healthcare providers and claimants alike. Here’s our […]

The Louisiana Court of Appeals decided that medical review panel proceedings cannot consider COVID-19 immunity, significantly impacting healthcare providers. This ruling increases liability exposure during the panel process and highlights the importance of strong medical malpractice insurance. As providers face heightened risks in navigating medical liability cases, comprehensive malpractice coverage becomes essential for protecting against […]

Our Take: The Missouri Supreme Court’s decision in July 2021 upholds the state’s cap on noneconomic damages in medical liability cases, reinforcing legislative authority to set statutory limits. This ruling may influence other states to consider similar caps, potentially reducing “megaverdicts” – exceptionally high damage awards often exceeding $50 million. These large payouts contribute to […]

To improve patient safety and ensure accountability among medical professionals, New York Governor Andrew Cuomo introduced a detailed plan to reform the oversight of doctors and other healthcare providers. This overview details the key steps taken in this initiative, focusing on efforts to increase transparency and discipline in the healthcare sector.  The Proposal Announcement Governor […]

In response to concerns about the viability of medical practices in the state, New Mexico Medical Malpractice Act (MMA) underwent significant changes designed to prevent a crisis in medical liability insurance. A last-minute fix to the MMA, signed by Governor Michelle Lujan Grisham, averted an impending insurance crisis that threatened to disrupt patients services.  As […]

In July 2019, the Utah Supreme Court declared a portion of the state’s pre-litigation medical malpractice review panel process under the Utah Health Care Malpractice Act unconstitutional because it violates the separation of powers doctrine. The Utah Legislature passed the Health Care Malpractice Act in 1976 to curb the perceived cost increases in malpractice insurance […]

The North Carolina Supreme Court recently overturned a 90-year-old precedent that shielded nurses from medical liability when working under a physician’s supervision. In the Connette v. Charlotte-Mecklenburg Hospital Authority case, the court ruled that nurses, including CRNAs, are now liable for their actions in medical malpractice cases. This decision significantly impacts nurse liability and highlights […]

Plaintiff attorneys and healthcare/business leaders in Colorado recently filed competing ballot initiatives that will ask the state’s voters to decide in November the amount of recoverable damages in catastrophic injury and wrongful death lawsuits, whether certain records are accessible in medical malpractice litigation, whether to cap attorney fees at 25% of recovered damages, and whether […]