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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Oregon Supreme Court Holds $500,000 Cap On Noneconomic Damages Is Unconstitutional
In its opinion filed on July 9, 2020, the Supreme Court of the State of Oregon (“Oregon Supreme Court”) held: “ORS 31.710(1), as a limit on the noneconomic damages that a court can award to a plaintiff, violates Article I,… Read More
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Tennessee Appellate Court Affirms Reduction Of Medical Malpractice Verdict From $4.5M To $1.25M
The Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) held in its opinion dated May 28, 2020: “we conclude that the trial court erred in refusing to consider the plaintiffs’ constitutional issue. But because we also conclude that… Read More
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Proposed New York Legislation Would Repeal Recently Enacted Ill-Advised Nursing Home Immunity Law
Stated within the April 2020 New York budget bill known as the Emergency Or Disaster Treatment Protection Act, commonly referred to as “30-D,” were provisions that relaxed record-keeping requirements and immunized health care providers, including nursing home operators, from criminal… 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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250 Nursing Home Resident Advocacy Organizations Implore U.S. Senate To Avoid Granting Immunity To Nursing Homes
In a letter dated May 28, 2020 addressed to the leaders of the U.S. Senate, 250 organizations throughout the United States that advocate on behalf of the 1.3 million nursing home residents in the United States implored the U.S. Senate… 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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North Carolina Joins Other States In Providing Medical Malpractice Immunity During Coronavirus Pandemic
North Carolina joins an increasing number of U.S. states providing health care providers with immunity from medical malpractice claims during the coronavirus pandemic, except for “gross negligence, reckless misconduct, or intentional infliction of harm by the health care facility or… Read More
