Medical Malpractice Laws Archives - Page 137 of 143

New Hampshire Effort To Modify Unfair Medical Malpractice Tort Reforms

October 30, 2013

The New Hampshire House Judiciary Committee recently voted 9 to 7 to support changing New Hampshire’s “early offer” law in medical malpractice claims that health care lobbyists pushed through the New Hampshire Legislature in 2012. Despite the New Hampshire Governor’s veto[...]

Maryland Appellate Court Decides Medical Malpractice Wrongful Death Case Was Timely Filed

October 22, 2013

On October 18, 2013, the Court of Appeals of Maryland (“Court of Appeals”) held that the Legislature did not intend to define “wrongful act” so as to render a wrongful death claim contingent on the decedent’s ability to timely file a tort claim prior to death in a medic[...]

Georgia Appellate Court Panel Says Juries May Decide What Is Emergency Medical Care

October 18, 2013

In a written opinion of a panel of the Court of Appeals of Georgia (“Appellate Court”) dated October 9, 2013, the Appellate Court held that it may be a question of fact to be determined by the jury whether the medical malpractice claims of the plaintiff arose out of the provision of �[...]

When Are Medical Malpractice Payments Required To Be Reported To The NPDB?

October 13, 2013

The National Practitioner Data Bank (“NPDB”) is a confidential information clearinghouse created by Congress with the primary goals of improving health care quality, protecting the public, and reducing health care fraud and abuse in the U.S. The NPDB is primarily an alert or flagging sy[...]

New Oregon Medical Malpractice Mediation Law May Hurt The Public

October 12, 2013

An Oregon medical malpractice reform initiative signed into law during March 2013 by the Governor of Oregon might end up harming the public throughout the United States by permitting bad doctors to hide their past medical mistakes. SB 483 allows negligent doctors and their injured patients�[...]

Harming Victims Of Medical Negligence

October 11, 2013

No one wants or expects to become the victim of medical malpractice. No one wants to live the rest of their life with unrelenting pain, devastating disabilities, and the lack of enjoyment of life solely because a medical provider made a mistake, caused an error, was careless, was inattentive, beca[...]

Maryland Expands Board of Physicians Powers

October 8, 2013

As a result of a new Maryland law that became effective on October 1, 2013, the Maryland State Board of Physicians (“Board”) is now authorized to issue cease and desist orders to physicians and others that it regulates to stop specific acts, such as prescribing controlled dangerous su[...]

Federal Judge Strikes Down Part Of Florida’s New Medical Malpractice Law

September 30, 2013

On September 25, 2013, a federal judge in Florida struck down a part of Florida’s recently enacted changes to its medical malpractice law because it was in conflict with federal law. At issue was Florida Statutes § 766.1065, which took effect on July 1, 2013, that added to the long-stan[...]

Maryland Hospital Immune For Its Failure To Involuntarily Admit Patient

September 11, 2013

On September 5, 2013, the Court of Special Appeals of Maryland (“Court of Special Appeals”) held that a Maryland hospital was entitled to statutory immunity from any liability when it decided not to involuntarily admit an individual so long as it acted in good faith and with reason[...]

Indiana Medical Malpractice Lawsuit Against Doctor Who Treated Woman Who Caused Car Accident

September 1, 2013

On August 8, 2013, the Indiana Supreme Court revived a medical malpractice lawsuit filed by a woman who was injured as result of a car collision that named as the medical malpractice defendant the personal physician of the other woman who had caused the serious, head-on collision (“the to[...]

Alabama Supreme Court: Expert Testimony Not Needed In Medical Malpractice Case Where Layperson Could Understand

August 26, 2013

In a case decided by the Supreme Court of Alabama (“Alabama Supreme Court”) on August 2, 2013, the Alabama Supreme Court stated the general rule that expert testimony is normally required in a medical malpractice case but the Court further stated, “A narrow exception to this rule[...]

Federal Appeals Court Upholds VA Medical Malpractice Settlement Report To NPDB

August 17, 2013

On August 8, 2013, the United States Court of Appeals for the Eighth Circuit upheld the VA’s determination that a medical malpractice settlement that it paid following a patient’s death at a Veterans Affairs hospital was “for the benefit of” a consulting gastroenterologist and theref[...]

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Category: Medical Malpractice Laws