Medical Malpractice Reforms Archives - Page 14 of 17

Is There New Hope For California Medical Malpractice Victims?

July 31, 2013

California has one of the most unfair, draconian caps on non-economic damages in medical malpractice cases that has not changed in nearly 40 years (the price of gasoline in California in 1975 was 58.7 cents per gallon (source) when the California Medical Injury Compensation Reform Act was enacted[...]

Malpractice Lawyers – Are The Noble Champions Of Malpractice Victims An Endangered Species?

July 23, 2013

Many people have heard malpractice lawyer jokes or digs against malpractice lawyers. Most of these same people mindlessly laugh when they hear these jokes, because they do not know any malpractice attorneys, they have no idea how malpractice lawyers are the protectors of the innocent and helpl[...]

When Are Medical Malpractice Damage Caps Fair And Reasonable?

July 8, 2013

NEVER. Some U.S. states have enacted laws to limit the amount of damages that can be recovered by victims of medical malpractice from the negligent medical providers who were solely in the position to prevent the injuries they caused by simply providing the minimum level of care that their[...]

Mississippi Federal Judge Lambasts Mississippi’s Cap On Non-Economic Damages

July 3, 2013

On June 13, 2013, a federal judge in Mississippi upheld as constitutional Mississippi’s $500,000 cap on non-economic damages in medical malpractice cases but harshly criticized the application of the cap in the case before him. As the judge stated in his Order, “All grief is not equal. [...]

Pennsylvania Medical Malpractice Cases Declining, But For The Right Reason?

June 26, 2013

A report from the Administrative Office of Pennsylvania Courts has noted a decrease from 1,675 medical malpractice cases filed in the Pennsylvania courts in 2011 to 1,508 medical malpractice cases filed in 2012, representing a 10% decrease from 2011 to 2012. Before Pennsylvania began implementing m[...]

“We Have Nothing To Fear But …. Ourselves”

June 23, 2013

One of the most memorable of all of the Presidential Inaugural Addresses is from President Franklin D. Roosevelt’s Inaugural Address that was broadcast on March 4, 1933, when the Great Depression had reached its greatest depth, at which time President-elect Roosevelt pronounced the b[...]

“I Have Nothing To Hide” And Other Stupid Statements

June 21, 2013

News reports in the United States have focused much attention on the federal government’s recently revealed secret programs designed to surreptitiously intercept, monitor, store, and review routine communications involving U.S. citizens. In response to the revelations, the federal governm[...]

Oklahoma Supreme Court Finds Medical Malpractice Expert Affidavit Requirement Unconstitutional

June 5, 2013

On June 4, 2013, the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) held that the Oklahoma statutory requirement that an affidavit of merit be filed in actions for professional negligence (medical malpractice) is a “special law” that regulates the practice[...]

Federal Effort Aimed At Reducing Medical Malpractice Incidents In The U.S.

June 3, 2013

On September 9, 2009, President Obama directed the Secretary of the U.S. Department of Health and Human Services (“DHHS”) to establish an initiative to help U.S. states and health care systems test models to meet the goals of putting patient safety first and working to reduce preventab[...]

Frivolous Fears Of Frivolous Medical Malpractice Lawsuits

May 21, 2013

The rallying call of doctors, hospitals, and their medical malpractice insurance companies and well-paid political lobbyists who fearmonger state and federal legislators with cries that “frivolous” medical malpractice claims are the cause of increasing medical malpractice insurance[...]

Study Finds Medical Malpractice Litigation Leads To Patient Safety Improvements

May 20, 2013

In an op-ed opinion by a law professor appearing on May 16, 2013 in The New York Times, the law professor discussed her survey of more than 400 people who are responsible for hospital risk management, claims management, and quality improvement in health care centers throughout the United States.[...]

Tennessee Court Of Appeals Upholds Pre-Suit Notice Requirement

May 12, 2013

On April 17, 2013, the Court of Appeals of Tennessee turned down a constitutional challenge and upheld Tennessee Code Annotated Section 29-26-121, which requires a medical malpractice claimant to provide notice sixty days prior to filing suit, holding that section 29-26-121 is not an unconstitutio[...]

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Category: Medical Malpractice Reforms