Latest Med-Mal Insurance News & Research
Washington Supreme Court Overturns Medical Liability Statute of Repose
The Washington State Supreme Court ruled late last year that a statute barring medical liability lawsuits filed more than eight years after the date of injury — even if the patient is unable to determine the cause of their injury within that time frame — violates the state’s constitution. The case at hand, Bennett v. […]
Connecticut Supreme Court Narrows Scope of Physicians’ Immunity from Civil Liability During COVID
The Connecticut Supreme Court recently determined that the executive order by Gov. Ned Lamont granting medical professionals and healthcare facilities immunity from any medical malpractice actions related to care delivered during the state’s COVID-19 response did not apply in two medical malpractice cases. The first case, Mills v. Hartford HealthCare, involved the alleged wrongful death […]
Rate of ‘Serious Discipline’ of Physicians by State Medical Boards Drops from Previous Benchmark
A nationwide examination of disciplinary actions taken by state medical boards between 2019 and 2021 concluded that Michigan disciplined physician misconduct at a higher rate than any other state. Determined by the annual average number of “serious disciplinary actions” taken by each state’s medical board per 1,000 licensed physicians, Ohio ranked second, North Dakota third […]
New York Lawmakers Again Vote to Update Wrongful Death Statute in Way Doctors Say Would Increase Damages, Harm Safety Net Care
New York lawmakers have again overwhelmingly passed a bill to overhaul the state’s 176-year-old wrongful death statute. A similar bill was vetoed by Gov. Kathy Hochul on Jan. 30 due to her concerns it could result in “significant costs for many sectors of our economy, particularly hospitals that are still recovering from the pandemic and […]
Florida Supreme Court Changes Appellate Rules So Challenges to Expert Witness Qualifications Can Be Immediately Appealed
The Florida Supreme Court last month amended the state’s rules of appellate procedure “to provide for interlocutory review of nonfinal orders that deny a motion dismiss on the basis of the qualifications of a corroborating witness.” Prior to the rule change, medical malpractice defendants had to wait until the conclusion of their trial before appealing […]
Medical Professional Liability Industry Convenes in New Orleans to Address Unique Challenges, Emerging Trends
side note: This is our annual write-up of all that happened at this year’s Medical Professional Liability Industry’s largest conference. What happens here drives changes to the medical malpractice insurance environment over the next 365 days. The Annual Conference of the Medical Professional Liability (MPL) Association took place at the Roosevelt Hotel in New Orleans, […]
New Hampshire Legislature Considers Action as Attorney General’s Report on State Medical Board Demands Greater Transparency on Dangerous Doctors
The attorney general of New Hampshire has recently released a report urging the state’s board of medicine to introduce measures that would enhance transparency around physicians who may pose a risk to the public. One of the recommendations made by the attorney general’s office is to make malpractice complaints and settlements publicly available, alongside publishing […]
Michigan Reforms Prior Authorization Process to Increase Speed, Transparency
Michigan Gov. Gretchen Whitmer last month signed Public Act 60, which reforms the prior-authorization process for patients and healthcare professionals in the state. The goal of the act, which becomes effective this past June 1, is to make the prior-authorization process faster, more effective, and more transparent. The changes outlined in Public Act 60 apply […]
Medical review panels in Louisiana are not allowed to take into account COVID immunity
According to a recent decision by the Louisiana Court of Appeals for the Fourth Circuit, medical review panels tasked with assessing the viability of medical liability cases cannot take into account whether a healthcare provider is immune from a claim under the state’s COVID-19 public health emergency declaration. The court found that statutory immunity can […]
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