Latest Med-Mal Insurance News & Research
California's $250,000 Cap on Non-Economic Damages in Malpractice Cases Upheld
side note: Since 1975, California’s MICRA Tort Reforms, which include a $250,000 cap on non-economic damages, has been the gold standard of tort reforms for more than 35 years. It has been tested in the state’s court system regularly, and most recently, an appellate court decision that reduced a $6 million jury award to the […]
Even Tort Reform Proponents Oppose National Texas-Style Medical Malpractice Law
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 […]
New York Launches Medical Malpractice Court
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 […]
Pharmacists in NH Giving More Vaccines
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 […]
Maine Medical Malpractice Ruling Could Affect Misdiagnosis Cases
side note: This is a big deal in terms of the interpretation of tort reforms. The Maine Supreme Court has essentially voided the state’s statute of limitations with a new interpretation of the “continuing negligent action doctrine.” As the defense counsel stated: This ruling will “inevitably have the effect of making medical malpractice litigation more […]
Illinois Cracks Down on Doctors Convicted of Crimes Against Patients
side note: This is the Illinois story that keeps on giving. Last year, the Chicago Tribune did an investigative article where it was discovered an appalling number of Illinois doctors practicing with convictions on their record for sex crimes or violent acts against patients. This led directly to the passage and implementation of House Bill […]
More than Half of Med Mal Cases in Massachusetts Dropped
Side Note: A new study shows that almost 60% of med mal cases in the state of Massachusetts are eventually dropped by plaintiffs. If you’re a Massachusetts physician, that’s good news and bad news. It’s good news because the case against you was dropped, but bad news because you were put through quite a bit […]
North Carolina Med Mal Cap
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 […]
Texas Companies Would Prefer to be Sued for Medical Malpractice?
side note: This story really hits home how successful medical malpractice tort reform has been in Texas. In this case, the provider of laser hair removal is arguing that a claim against it should be considered “medical malpractice” and not an ordinary claim of negligence. Why would the provider of laser hair removal WANT to […]
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