side note: The report discussed in this article was published by the James Madison Institute (JMI), a Florida-based think tank dedicated to dedicated to advancing the ideas of limited government, economic freedom, federalism and individual liberty coupled with individual responsibility. The JMI report argues that the current medical liability tort system is ineffective, costly and […]

side note: The Louisiana Medical Society took heed from the woes of states like Wisconsin and New Hampshire. Both state governments raided their Patient Compensation Fund as a way of balancing their budgets. Both states’ medical societies fought the move in court; both medical societies came out winners. While both PCFs were eventually given their […]

side note: This story is interesting because it illustrates the Catch-22 the Republican party faces with tort reform. The modern Republican party has aligned itself with libertarian and small-government, states’ rights proponents. They have also aligned themselves with the business and physician communities. The former think that the federal government has no right to impose […]

side note: New York is one of the states using funds designated by the Patient Protection & Affordable Care Act to set-up alternative resolution models for medical malpractice cases. One of the more popular ideas — a specific court for medical malpractice cases — was launched in the state on Sept. 1. It will be […]

Side Note: Last week we talked about the uniqueness of the emergency room –specifically, how the acuteness of the patient’s situation, paired with the lack of a medical record, often produces a situation ripe with liability exposure and potential medical malpractice. Today, we face a similar situation –how pharmacists in New Hampshire are being allowed […]

Side Note: North Carolina will join the growing list of states that have caps on non-economic damages this October and we here at MyMedicalMalpracticeInsurance.com are thrilled. (As a refresher, non-economic damages cover things like pain and suffering and emotional distress.) The cap is set at $500,000. However, the cap will not remain in place if […]

side note: California’s MICRA Act has been considered the gold standard of tort reform since 1975, but Texas’ 2003 medical liability tort reforms built on California’s law and upped the ante. And the results have been amazing. The article below purports that in the wake of the Lone Star State’s 2003 reforms, the number of […]

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 […]

Side Note: There is some good news for physicians in Florida regarding Florida med mal tort reform. A new bill, HB 479, specifically addresses new, more stringent requirements for expert medical malpractice witnesses who appear in Florida courts. Under the law, out-of-state licensed expert witnesses must obtain certification. In essence, expert witnesses are now being […]