Medical Malpractice Reforms Archives - Page 9 of 17

Pending Proposal Would Triple Maryland Cap On Noneconomic Damages For Catastrophic Injuries

March 17, 2015

A bill pending in the Maryland House of Delegates, if approved and signed into law (a big “if” in Maryland), would triple Maryland’s limit on noneconomic damages in medical malpractice cases for catastrophic injuries. House Bill 398 defines a catastrophic injury as death, or per[...]

Tennessee Circuit Court Judge Holds Tennessee Cap On Noneconomic Damages Unconstitutional

March 12, 2015

In a written decision filed on March 9, 2015 by a Tennessee Circuit Court judge (trial court judge) involving claims for personal injury damages arising out of a traffic collision, the court held that the Tennessee Civil Justice Act of 2011 (“Tort Reform Act”), which applies to all Tenn[...]

Today Begins Our 5th Year Of Daily Blog Postings

March 6, 2015

When we began posting daily blogs on March 5, 2011, we never imagined that we would be posting blogs every day, without missing a single day, for more than four years. We never considered whether we would run out of news or topics of importance to medical malpractice victims, medical malpracti[...]

Maryland Senate Bill Would Require Pre-Suit Notice Before Filing Maryland Medical Malpractice Claims

March 5, 2015

A bill filed in the Maryland Senate during the 2015 Session (the Maryland Legislature is currently in session) would require, if passed and signed into law, that Maryland medical malpractice victims provide a written notice to the allegedly negligent health care provider(s) of their intention to f[...]

Tennessee Supreme Court Requires Medical Malpractice Plaintiffs To jump Through Procedural Hoop (Again)

February 19, 2015

In its decision filed on January 27, 2015, the Supreme Court of Tennessee (“Tennessee Supreme Court”) held that the medical malpractice plaintiffs were required to provide the medical malpractice defendants with a second pre-suit notice after voluntarily dismissing their original medic[...]

West Virginia Legislature Moving Forward With Expanding Medical Malpractice Limits

February 16, 2015

The West Virginia Legislature is quickly moving forward with its efforts to expand and extend West Virginia’s restrictive medical malpractice liability laws to further insulate and protect a growing list of health care providers whose negligence harms West Virginians, at the expense of[...]

Georgia Senate Bill Seeks To Replace Juries With Review Panels In Medical Malpractice Cases

February 10, 2015

Despite the Georgia Constitution that provides “The right to trial by jury shall remain inviolate …” and further provides “No person shall be deprived of the right to prosecute or defend, either in person or by an attorney, that person’s own cause in any of the courts[...]

Wisconsin Lawmaker Seeks To Help Parents Of Adult Children Who Die As A Result Of Medical Malpractice

January 5, 2015

Wisconsin, like many U.S. states, specifies which relatives of those who die as a result of the negligence of others, including medical malpractice, may seek and obtain compensation for their losses. While it is said that there is no greater pain than the pain associated with the death of one&#[...]

New California Supreme Court Case Regarding Medical Malpractice Damages

December 17, 2014

In a case decided on December 15, 2014, the Supreme Court of California held that the $250,000 cap on noneconomic damages imposed by Section 3333.2, subdivision (b) of MICRA (“Medical Injury Compensation Reform Act of 1975”) applies only to judgments awarding noneconomic damages ([...]

“Medical Malpractice Reforms Are Necessary To Contain Health Care Costs” … Really?

December 16, 2014

The current mantra of medical malpractice tort reformers is that medical malpractice reforms (i.e., limiting or eliminating the right of innocent victims of medical negligence to obtain fair and just compensation for their serious and often permanent injuries and losses) are “necessaryR[...]

Tennessee Appellate Case Highlights “Gotcha” Of Hyper-Technical Medical Malpractice Reforms

December 10, 2014

In its decision filed on December 9, 2014, the Court of Appeals of Tennessee sided with the medical malpractice plaintiff in a case where the defendants successfully moved to dismiss the plaintiff’s re-filed medical malpractice lawsuit on the basis that the required pre-suit notices prov[...]

Ohio Legislature Seeks To Expand Medical Malpractice “Apology” Law

December 7, 2014

Ohio’s Legislature is seeking to expand Ohio’s “apology” medical malpractice law that currently shields physicians and other health care providers when they apologize to patients for injuries they suffered as a result of medical negligence. The expanded protection, if signed[...]

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Category: Medical Malpractice Reforms