Articles posted by Erik Leander

Colorado
Jun 27, 2024
Filed Ballot Initiatives Ask Colorado Voters to Decide Medical Malpractice Rules, Damage Cap

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 […]

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Jun 14, 2024
Malpractice Insurance 101: Reputation Protection

In the healthcare industry reputation is important and malpractice insurance plays a critical role in retaining trustful relationships with clients. Malpractice insurance safeguards physicians against financial losses and legal repercussions from claims of negligence or medical errors. Reputation protection acts as a safety net and can protect not only a physician’s finances but also their […]

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court gavel
May 29, 2024
Florida Looks to Impose Noneconomic Damage Caps, End ‘Free Kill’ Law

A bill that would end a Florida law denying recoverable damages for certain wrongful death medical liability claims and impose noneconomic damage caps on medical malpractice awards cleared a key hurdle last month when it was approved by the state’s Senate Judiciary Committee. Florida Statute §768.21(8) currently restricts the recovery of damages in wrongful death […]

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NYC
May 22, 2024
NY Gov Hochul Vetoes Bill Expanding Recoverable Wrongful Death Damages

New York Gov. Kathy Hochul vetoed for a second time the Grieving Families Act (GFA), a bill that would have expanded recoverable damages in wrongful death claims to include noneconomic damages. Under the current 177-year-old law, compensable damages in wrongful death actions are limited to economic loss only. New York and Alabama are the only […]

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gavel and law books
Apr 23, 2024
Understanding Exclusions in Your Medical Malpractice Insurance

Medical malpractice insurance is there to protect you from lawsuits alleging negligence or mistakes that may have caused a patient harm. But it’s important to remember, no insurance policy is all-encompassing.  Understanding exclusions in your malpractice insurance is key to ensuring you have the right coverage for your needs. Why Exclusions Matter Medical malpractice insurance […]

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Apr 19, 2024
Medical Malpractice Insurance Tips: Risk Management and Ongoing Support

As a doctor, you dedicate yourself to providing exceptional patient care. Having medical malpractice insurance is an essential part of protecting yourself and your practice. But did you know that a good insurance broker can offer even more than just a policy? This guide explores the power of combining proactive risk management with ongoing broker […]

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Apr 17, 2024
Policy Limits in Medical Malpractice Insurance: A Doctor’s Guide

Peace of mind is important when you’re caring for patients. Medical malpractice insurance protects you from lawsuits alleging negligence or mistakes, but understanding the details of your policy is crucial. Let’s delve into policy limits, and the maximum amount your insurance company will pay for a lawsuit against you. Breakdown of Policy Limits: Think of […]

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Apr 1, 2024
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. […]

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Mar 20, 2024
U.S. District Court Sets Aside Record Noneconomic Damage Award

The U.S. District Court for the District of Minnesota conditionally granted a motion for a new trial last month on the issue of noneconomic damages in the case Thapa v. St. Cloud Orthopedic Associates. The plaintiff has until November 28 to file a letter stating whether he will agree to remit the jury’s award of […]

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