Medical Malpractice Reforms Archives - Page 4 of 17

Maryland Appellate Court Affirms Dismissal Of Medical Malpractice Claims Against Unnamed Agents Not Specifically Identified In CQE

January 29, 2019

In its unpublished opinion filed on January 15, 2019, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) held: “To the extent that Ms. Toussaint’s CQE [Certificate of Qualified Expert] failed to specifically identify DCH’s unnamed agents who allegedly breache[...]

Michigan Appellate Court Finds Defendant’s Expert Qualified To Testify As To Standard Of Care

January 8, 2019

The State of Michigan Court of Appeals (“Michigan Appellate Court”) held in its unpublished opinion dated December 13, 2018 that the defendant hospital’s expert was qualified to testify as to standard of care issues in a Michigan medical malpractice case. The Underlying Facts On Au[...]

Doctors’ Lawsuit Claims New Mexico’s Patient Compensation Fund Improperly Placed At Financial Risk

December 25, 2018

The New Mexico Patient Compensation Fund (“PCF”) was established in 1978 by the New Mexico Medical Malpractice Act NMSA 1978, § 41-5-1, et seq. The PCF is funded solely through the surcharges paid by its participants and is administrated by the Superintendent of Insurance. The purpose o[...]

North Carolina Appellate Court Allows Medical Malpractice Plaintiff To Amend Her Complaint To Comply With Rule 9(j)

December 23, 2018

The Court of Appeals of North Carolina (“North Carolina Appellate Court”) held in its decision filed on December 4, 2018 that the trial court erred in dismissing the plaintiff’s medical malpractice complaint under Rule 9(j) and erred in denying her motion to amend. The Underlying N[...]

Kentucky Supreme Court Rules Medical Review Panel Act Unconstitutional

November 16, 2018

In its opinion filed on November 15, 2018, the Supreme Court of Kentucky (“Kentucky Supreme Court”) held that the Kentucky Medical Review Panel Act that was enacted in 2017 “delays access to the courts of the Commonwealth for the adjudication of common-law claims. Chapter 216C viol[...]

Wyoming’s Volunteer Health Services Program Provides Immunity From Medical Malpractice Claims

November 15, 2018

Earlier this year, Wyoming enacted a statute entitled “Volunteer Health Services Program” (“Act”) which provides health care providers with immunity from personal liability for medical malpractice claims from low income patients if the health care providers delivered the heal[...]

Arkansas Supreme Court Rejects Wide-Ranging Tort Reform Ballot Measure As Unconstitutional

October 31, 2018

The Supreme Court of Arkansas (“Arkansas Supreme Court”) issued an opinion on October 18, 2018 in which it held that a legislative initiative to submit for voter approval wide-ranging tort reforms on the November 6, 2018 general election ballot was unconstitutional. In 2017, the Arkansas[...]

Maryland Appellate Court Affirms Dismissal Of Maryland Medical Malpractice Case Due To Untimely Expert Certificate And Report

September 11, 2018

In its unreported opinion filed on August 6, 2018, the Court of Special Appeals of Maryland (“Maryland Appellate Court”) held that the Maryland medical malpractice plaintiff had failed to timely comply with the requirement in Maryland medical malpractice cases that a sufficient Certifica[...]

Wisconsin Supreme Court Finds $750,000 Cap On Medical Malpractice Noneconomic Damages Is Constitutional

July 1, 2018

In its opinion filed on June 27, 2018, the Supreme Court of Wisconsin (“Wisconsin Supreme Court”) held “the $750,000 cap on noneconomic damages in medical malpractice judgments and settlements is constitutional both facially and as applied to the [plaintiffs].” History Of Wis[...]

New Study Finds Cardiologists Comfortable With Greater Clinical Uncertainty Following Medical Malpractice Reforms

June 8, 2018

On June 6, 2018, JAMA Cardiology published the results of a study that analyzed “the association of damage caps with specific cardiac care decisions that involve clinical uncertainty, high patient risks, and significant malpractice risk.” The study “found evidence that physicians a[...]

Our 7th Anniversary Of Posting Daily Medical Malpractice Blogs

March 7, 2018

On March 5, 2018, medicalmalpracticelawyers.com celebrated its seventh anniversary of posting daily medical malpractice blogs. Each of our over 2,500 consecutive daily blog postings can be searched by word or phrase. medicalmalpracticelawyers.com states on its website: “Medical malpractice law[...]

Nevada Supreme Court Rules Hospital May Be Liable For Physician’s Medical Negligence Under Theory Of Ostensible Agency

January 7, 2018

The Supreme Court of the State of Nevada (“Nevada Supreme Court”) held in its opinion filed on December 28, 2017 that while the general rule of vicarious liability is that an employer is liable for the negligence of its employee but not the negligence of an independent contractor, an exc[...]

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Category: Medical Malpractice Reforms