Latest Med-Mal Insurance News & Research

Illinois Supreme Court Considers Pattern Jury Instruction for Medical Malpractice Cases
side note: Could this be a judicial “make good”? After neutering the majority of Illinois’ medical malpractice tort reforms when it deemed the state’s cap on non-economic damages unconstitutional two years ago, Illinois’ highest court more clearly defined the role of expert testimony in medical professional liability lawsuits this month. The question is whether this […]

Loopholes foil pill mill prosecution in Florida, Georgia
Side note: Prosecuting a “Pill Mill”, individuals who seek out multiple prescriptions of commonly abused prescription drugs for the sole purpose of illegal resale, often requires the same expense and level of expert testimony as a medical malpractice lawsuit. Since prescription drugs are legal the possession of the drugs is not a crime. Criminal intent […]

Louisiana Abortion Clinics File Suit To Block State Ultrasound, Malpractice Laws
side note: This doesn’t pass the sniff test. The Louisiana state legislature recently passed a law that forbids access to the state’s excess liability medical malpractice insurance fund to doctors that perform abortions. Of course, those doctors still must pay into the fund, but cannot access it because those doctors choose to perform a specific, […]

Med Mal Policy Features You May Feel Strongly About, Pt 3
Defense Costs: Inside/Outside Limits. Any physician that has been through a claim, or is going through a claim, spends a lot of time going over the features of the med mal insurance policy that he or she is covered under and worrying if the coverage will be sufficient. While we understand that reading and understanding […]

Med Mal Policy Features You May Feel Strongly About, Pt 2
Consent to Settle Clause. After taking a short break and discussing the historic Supreme Court ruling on the Affordable Care Act, the bloggers at MyMedicalMalpracticeInsurance.com are returning to our series on policy features, which we know has a very large impact on your practice. Today we will be discussing the Consent to Settle Clause. If […]

Med Mal Policy Features You May Feel Strongly About, Pt 1
This is the first in a series of posts where we will be defining critically important med mal policy terms. As part of our Welcome Packet to new clients, we always include a quick word of advice to review the policy and know the main features of the policy. Many times, after doing this, physicians […]

Battle Over Medical Malpractice Caps Moves to Nevada
Side Note: this article from the Wall Street Journal blog reports on new challenges to caps on non-economic damages in Nevada malpractice cases. Opponents of tort reform are arguing that the cap is per claim, not per event, a murky point in the law. This development is cause for concern, as Nevada has had problems […]

STUDY: Illinois Medical Malpractice ruling to boost insurers’ costs 18%
We here at Cunningham Group were extremely disappointed that trial lawyers got their way in Illinois and were able to strike down the 2005 Tort Reform legislation put into place to help with the absurd insurance rates physicians have to pay for their professional medical liability. A new study conducted by the consulting firm Millman […]

Illinois Department of Insurance request that Insurers continue to comply with the 2005 reforms
The Illinois Supreme Court recently ruled that limitations on non-economic damages in med-mal lawsuits was unconstitutional. This has set in motion a huge PR campaign by all sides involved to cement their stance on the issue. The Illinois Department of Insurance< just made theirs known. Their latest news release shows that since 2005, there has […]
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