Medical Malpractice Laws

Latest Med-Mal Insurance News & Research

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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Carolinas Medical Center in Charlotte, NC.
Oct 24, 2022
North Carolina Supreme Court Removes Precedent Shielding Nurses from Medical Liability Claims

The Supreme Court of North Carolina overturned a 90-year-old state court precedent that protected nurses from civil liability when they were working under a physician’s supervision. The underlying case, Connette v. Charlotte-Mecklenburg Hospital Authority, involved then three-year-old Amaya Gullatte, who suffered permanent brain damage, cerebral palsy and “profound developmental delay” after undergoing a procedure for […]

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update #2
Jun 23, 2022
California Healthcare Providers, Trial Attorneys, Legislators Reach Deal to Increase MICRA Cap

Stakeholders in the decades-long battle over California’s noneconomic damages cap for medical liability jury verdicts announced they have reached a compromise between healthcare, legal and consumer advocates on legislation to modernize the Medical Injury Compensation Reform Act (MICRA). Signed into law in 1975, MICRA established a $250,000 cap on medical malpractice awards for things like […]

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update #2
Jun 9, 2022
2022 Q3 State Updates #2: Missouri and New Jersey

The 2022 Q3 #1 State Update can be found here. Missouri Considers Shrinking its Personal Injury Statute of Limitations Legislators in both chambers of the Missouri General Assembly are currently debating bills to shrink the state’s statute of limitations for personal injury claims from five to two years. Only Maine and South Dakota have longer […]

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USA
Jun 7, 2022
Doctors, Politicians Battle Over COVID Disinformation, Standard of Care

A growing number of state medical boards have been pushing back against the minority of healthcare professionals spreading dangerous COVID-19 disinformation and prescribing unproven coronavirus treatments. They are increasingly meeting resistance from conservative lawmakers. “Physicians who generate and spread COVID-19 vaccine misinformation or disinformation are risking disciplinary action by state medical boards, including the suspension […]

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update #2
Jun 1, 2022
2022 Q3 State Updates: Iowa and Kentucky

Iowa House Advances Bill with Hard Noneconomic Damage Cap The Labor Committee of the Iowa House of Representatives advanced legislation recently intended to combat the state’s worker shortage by reforming unemployment and tort laws. The bill is divided into two sections: one relates to unemployment insurance and the other would create a $1 million hard […]

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gavel and law books
May 24, 2022
Florida Supreme Court Amends Rules for Appellate Review of Punitive Damages Claims

The Florida Supreme Court approved earlier this year an amendment to the state’s rule of appellate procedure, a change that opponents say could block punitive damages in liability lawsuits. In a 6-1 decision, the justices adopted a rule change that permits a party to seek immediate appellate review of an order granting or denying a […]

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May 21, 2022
N.Y. Executive Budget Proposal Would Cut Judgment Interest Rate, Alter How State’s Excess Insurance Program Is Funded

New York Gov. Kathy Hochul unveiled her 2022-2023 Executive Budget in late 2021, which includes a more than $10 billion, multi-year investment in the state’s healthcare system. It also contains two proposals that would affect the medical liability community. The governor’s budget proposal would fund healthcare initiatives aimed at modernizing the state’s emergency medical services, […]

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New Mexico Governor Michelle Lujan Grisham
May 14, 2022
New Mexico Makes Last-Minute Tweaks to New Medical Malpractice Act, Averts Medical Liability Insurance Crisis

New Mexico Gov. Michelle Lujan Grisham signed House Bill 11 late last year after a special legislative session that addressed ambiguities in the state’s recently overhauled Medical Malpractice Act (MMA). The last-minute fix averted a New Mexico medical liability insurance crisis that threatened to force some independent physicians and medical practices to stop seeing patients […]

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