Medical Malpractice Laws

Latest Med-Mal Insurance News & Research

Feb 21, 2024
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 […]

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Jan 31, 2024
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 […]

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Jan 17, 2024
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 […]

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Dec 12, 2023
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, […]

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Nov 14, 2023
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 […]

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covid
Jun 12, 2023
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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new mexico state flag
May 15, 2023
By fixing the damage cap, New Mexico managed to prevent a crisis in medical malpractice insurance

In March of this year, the New Mexico Legislature passed a bipartisan update to the state’s Medical Malpractice Act just days before the end of the 2023 session. This move prevented a potential medical liability insurance crisis. Senate Bill 523, a compromise between trial lawyers and healthcare professionals, establishes a $1 million cap on medical […]

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Alaska on map
Mar 1, 2023
Alaska Supreme Court Overturns Law Limiting Awards in Some Medical Malpractice Cases

The Alaska Supreme Court determined late last year that a 1976 law limiting financial awards in medical liability lawsuits for Alaskans with health insurance is unconstitutional. The statute at issue, AS 09.55.548(b), provided that when a medical malpractice claimant’s losses have already been compensated in part by a collateral source, such as a health insurer, […]

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Nov 14, 2022
Health Insurer Sued for Medical Malpractice Over Prior Authorization

The estate of Kathleen Valentini blames her health insurance company Group Health Inc. (GHI) and its utilization review process for her 2020 death from cancer. Attorneys for her estate argued that the insurer’s denial of prior authorization for an MRI constituted medical malpractice, a delay in diagnosis that led to the amputation of her hip, […]

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