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 […]

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 […]

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 […]

When faced with a medical malpractice claim, a physician’s most important line of defense is the medical record of their interactions with the patient. A properly maintained medical record system serves as a golden shield, providing evidence that the physician adhered to best practice standards throughout the patient’s care.  Conversely, a medical record altered after […]

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 […]

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 […]

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 […]

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 […]

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 […]