On January 13, 2021, Senate Bill 1107 was offered that is entitled “Limitation on recovery in certain medical malpractice actions,” which would eliminate the cap on the recovery in actions against health care providers for medical malpractice where the act… Read More
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Mississippi Supreme Court Overturns Medical Malpractice Verdict For Failure To Provide Intervening/Superseding Cause Instruction
The Supreme Court of Mississippi in its opinion dated November 19, 2020 held: “Both Dr. Ilercil and Williams presented evidence that Nurse Howard was negligent by failing to contact Dr. Ilercil after she observed Williams’s rapidly declining condition, the signs… Read More
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Virgin Islands Court Upholds Damages Cap In Medical Malpractice Cases
The Superior Court of the Virgin Islands Division of St. Thomas and St John, in its Memorandum Opinion dated October 19, 2020, held in a Virgin Islands medical malpractice case: “The MMA’s [the Virgin Islands Medical Malpractice Act] $250,000 cap… Read More
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California Appellate Court Affirms $9.25M Noneconomic Damages Award Where Surgeon Removed Portion Of Man’s Penis Without Consent
The September 11, 2020 published opinion of the Court of Appeal of the State of California Fourth Appellate District Division Two (“California Appellate Court”) affirmed the jury’s award of $9,250,000 in noneconomic damages for a medical battery claim where a… Read More
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California Voters Will Decide In November 2022 If Unfair $250K Limit On Medical Malpractice Damages Will Be Changed
California voters will have the chance in November 2022 to modify the 45-year-old $250,000 cap on noneconomic damages in California medical malpractice cases that in 2020 is worth only $50,768 in 1975 dollars, and which disproportionately impacts Black and brown… Read More
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Oregon Supreme Court Holds $500,000 Cap On Noneconomic Damages Is Unconstitutional
In its opinion filed on July 9, 2020, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) held: “ORS 31.710(1), as a limit on the noneconomic damages that a court can award to a plaintiff, violates Article I,… Read More
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Tennessee Appellate Court Affirms Reduction Of Medical Malpractice Verdict From $4.5M To $1.25M
The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion dated May 28, 2020: “we conclude that the trial court erred in refusing to consider the plaintiffs’ constitutional issue. But because we also conclude that… Read More
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Texas Supreme Court Discusses Proper Application Of Statutory Reductions Of Medical Malpractice Jury Verdicts
The Supreme Court of Texas (“Texas Supreme Court”), in its opinion dated May 8, 2020, discussed the proper method of applying the required statutory reductions of a Texas medical malpractice jury’s verdict in favor of the plaintiff where some of… Read More
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California Appellate Court Eviscerates $4.25M Noneconomic Damages Award In Medical Malpractice Case To $250,000
The Court of Appeal of the State of California Second Appellate District Division Two (“California Appellate Court”), in its published opinion filed on March 24, 2020, slashed the California medical malpractice trial court’s award of noneconomic damages in the amount… Read More
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Tennessee Supreme Court Upholds $750,000 Cap On Noneconomic Damages
The Supreme Court of Tennessee, in its opinion filed on February 26, 2020, held “that the statutory cap on noneconomic damages in Tennessee Code Annotated section 29-39-102 does not violate the right to trial by jury, the doctrine of separation… Read More
