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 […]

New York Gov. Kathy Hochul unveiled her 2022-2023 Executive Budget in late 2021, which included a more than $10 billion, multi-year investment in the state’s healthcare system. It also contained two proposals that would affect the medical liability community. Executive Budget Proposal: Healthcare Initiatives and Workforce Expansion The governor’s budget proposal would fund healthcare initiatives […]

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 […]