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 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 […]

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 […]

The Rhode Island Supreme Court’s decision in Almonte v. Kurl (46 A.3d 1) shed some light on the complexities of medical malpractice claims involving Rhode Island suicide cases and raised important questions about the limits of suicide liability in cases marked by inherent unpredictability. For healthcare providers, particularly those in high-stakes settings like emergency rooms, […]

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 Alaska Supreme Court overturned a long-standing law that limited damage awards for medical malpractice cases where claimants had received compensation from a collateral source, such as a health insurer. This landmark ruling, which challenges the fairness of double deduction rules in malpractice cases, has significant implications for healthcare providers and claimants alike. Here’s our […]

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 […]

side note: This is our annual write-up of all that happened at this year’s Medical Professional Liability Industry’s largest conference. What happens here drives changes to the medical malpractice insurance environment over the next 365 days. The Annual Conference of the Medical Professional Liability (MPL) Association took place at the Roosevelt Hotel in New Orleans, […]

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 […]