side note: Could this be a judicial “make good”? After neutering the majority of Illinois’ medical malpractice tort reforms when it deemed the state’s cap on non-economic damages unconstitutional two years ago, Illinois’ highest court more clearly defined the role of expert testimony in medical professional liability lawsuits this month. The question is whether this […]

side note: This is a ruling that could have significant impact on the cost of medical liability insurance in Ohio. In this case, an appellate court found that the state’s statute of repose was unconstitutional. Like a statute of limitations, a statute of repose imposes a deadline for filing a claim. In Ohio, the statute […]

Side Note: The Wisconsin Supreme Court is currently reviewing a case that challenge’s notions about informed consent. While we have previously discussed here the concept of informed consent and stressed that it is not merely getting a signature on a consent form, it bears repeating that informed consent is a process and a conversation. However, […]

Side Note: In the health care world, Massachusetts has a reputation for being progressive and ahead of its time. Massachusetts has already enacted universal coverage and is now looking to undertake the next step and work on cost-containment. Many health care experts are watching Massachusetts to see what lessons can be learned and applied, particularly […]

Side note: The Illinois Professionals Health Program, the same organization that has drawn criticism for its lack of transparency while monitoring health professionals with records of substance abuse, has been made responsible for the monitoring of doctors with a history of sexual misconduct. Opponents charge that the “off-the-book”, secretive nature of the program does not […]

Side note: Citizens of the state of Connecticut have access to some of the finest health care available in the United States; unfortunately it is also some of the most expensive. The high cost of health care in Connecticut is straining family budgets and draining the state’s coffers as it drives jobs out of the […]

Side note: Prosecuting a “Pill Mill”, individuals who seek out multiple prescriptions of commonly abused prescription drugs for the sole purpose of illegal resale, often requires the same expense and level of expert testimony as a medical malpractice lawsuit. Since prescription drugs are legal the possession of the drugs is not a crime. Criminal intent […]

Side note: We all know that careless and reckless drivers pay astronomical rates for car insurance, if they can get coverage at all. Yet many people fail to realize that the same circumstances apply to doctors. Take the case of Dr. David Giem who recently testified to congress that his medical malpractice insurance rates had […]

Side note: Must be an election year! One of the biggest races shaping up this year is the Senatorial seat currently being held by the powerful Senate Majority Leader, Harry Reid. His primary challenger, Sharron Angle, the Republican candidate, wants to repeal the Affordable Care Act. Candidate Angle believes that heath care can be made […]