In a Texas medical malpractice case decided by the Texas Court of Appeals, Third District, at Austin (“Texas Appellate Court”) on February 10, 2021, the plaintiff argued that the trial court erred in determining that the medical care the defendants… Read More
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Alabama Governor Signs Into Law Health Care Provider Coronavirus Immunity Bill
On February 12, 2021, Alabama Governor Kay Ivey signed into law Alabama Senate Bill 30, adding Alabama to the growing number of states that have enacted civil immunity laws benefiting health care professionals during the COVID-19 pandemic. In signing into… Read More
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Virginia Senate Bill Would Eliminate Current Limitations On Medical Malpractice Damages
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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Maryland Hospital Association Supports Proposed “Maryland Health Care Heroes Protection Act” That Would Vastly Expand Health Care Immunity
A proposed change to Maryland medical malpractice law, which is supported by the Maryland Hospital Association, would have the effect of “altering the definition of “health care provider” for purposes of certain provisions of law governing catastrophic health emergencies to… 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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Illinois Supreme Court Holds EMS Act Does Not Provide Immunity To Ambulance Driver On Way To Pick Up Nonemergency Patient
The Supreme Court of the State of Illinois (“Illinois Supreme Court”) held in its opinion filed on June 18, 2020 that section 3.150 of the Emergency Medical Services Systems Act (EMS Act) (210 ILCS 50/3.150 (West 2016)) does not provide… Read More
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Georgia Appellate Court Affirms Dismissal Of Medical Malpractice Case For Failure To Provide Proper Presuit Notice
The Georgia Court of Appeals Fifth Division (“Georgia Appellate Court”), in its opinion dated June 11, 2020, affirmed the dismissal of the plaintiff’s Georgia medical malpractice lawsuit, holding “both of Brown’s [plaintiff’s] ante litem notices failed to indicate the place… Read More
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Tennessee Supreme Court Rules Unlicensed Doctor Unqualified To Testify In Medical Malpractice Case
In its opinion filed on April 20, 2020, the Supreme Court of Tennessee at Nashville (“Tennessee Supreme Court”) held that “under Tennessee Code Annotated section 29-26-115(b), a doctor, who was permitted to practice medicine in Tennessee under a statutory licensure… Read More
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U.S. Medical Malpractice Statistics
According to the American Medical Association (AMA), 34% of all physicians in the United States have been sued for medical malpractice during their medical careers. Almost half of U.S. physicians who are 55 and older have been sued for medical… 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
