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 […]

The Arizona courts made two decisions in August 2021 affirming the constitutionality of medical professional liability tort reforms that require expert testimony and preclude statements of apology by healthcare providers from being used as evidence of liability. In Sampson v. Surgery Center of Peoria, LLC, the Supreme Court of Arizona held that “a jury in […]

Our Take: The Missouri Supreme Court’s decision in July 2021 upholds the state’s cap on noneconomic damages in medical liability cases, reinforcing legislative authority to set statutory limits. This ruling may influence other states to consider similar caps, potentially reducing “megaverdicts” – exceptionally high damage awards often exceeding $50 million. These large payouts contribute to […]

The Oregon Supreme Court last month invalidated statutory limits on noneconomic damages for personal injury claims. The high court ruled that the cap enacted by the legislature in 1987 violates the legal remedy clause of the Oregon Constitution. The decision affirmed an appeals court’s reversal of a trial court ruling on an award for a […]

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 […]

Arguments in favor of and against New Mexico’s medical malpractice compensatory damage cap were made last month, and now the question as to whether it is constitutional rests in the hands of five justices on the state’s Supreme Court. The compensatory cap limits economic and noneconomic damages, but not medical costs or punitive damages, to […]

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 June, Miami-Dade Circuit Court Judge Jose Rodriguez denied a defense motion to reduce a jury verdict for noneconomic damages from $500,000 to $350,000 because the defense offered to arbitrate the claim, further chipping away at Florida’s tort reform laws that cap noneconomic damages in medical professional liability actions. In 2014, the Florida Supreme Court […]

Amidst Healthcare Uncertainty, PIAA 2017 Medical Liability Conference Focused on Current Challenges, Future Concerns Hosted at the Broadmoor Hotel in Colorado Springs, Colo., with the backdrop of a Republican plan to repeal and replace the Affordable Care Act stalled between the U.S. House and Senate, the 2017 PIAA Medical Liability Conference convened from May 17 […]