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
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Pennsylvania’s “A Study of the Impact of Venue for Medical Professional Liability Actions”
Senate Resolution 2019-20 (SR 20) directed Pennsylvania’s Legislative Budget and Finance Committee (“LBFC”) to conduct a study of the impact of venue for medical professional liability actions on access to medical care and maintenance of health care systems in Pennsylvania…. Read More
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Maryland Victims’ Rights Advocacy Group Opposes Proposed “Maryland Infant Lifetime Care Trust”
In the wake of the 2019 Maryland birth injury medical malpractice verdict in the amount of $229.64 million, which was subsequently reduced by the trial judge to $205.38 million, and which was nonetheless the largest such verdict in the United… Read More
