Tort Reforms Archives - Page 2 of 15 - Medical Malpractice Lawyers

U.S. Medical Malpractice Statistics

May 20, 2020

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 malpractice, and nearly 30% have been sued two or more t[...]

Texas Supreme Court Discusses Proper Application Of Statutory Reductions Of Medical Malpractice Jury Verdicts

May 15, 2020

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 the defendants settled before trial [...]

North Carolina Joins Other States In Providing Medical Malpractice Immunity During Coronavirus Pandemic

May 6, 2020

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 health car[...]

California Appellate Court Eviscerates $4.25M Noneconomic Damages Award In Medical Malpractice Case To $250,000

May 5, 2020

The Court of Appeal of the State of California Second Appellate District Division Two (“California Appellate Court”), in its published opinion filed on March 24, 2020, slashed the California medical malpractice trial court’s award of noneconomic damages in the amount of $4,250,000 [...]

Coronavirus (COVID-19) And Medical Malpractice – Part One

March 17, 2020

During these concerning times, when there is so much information about the coronavirus (COVID-19) that is unknown and unknowable, it is important to not overreact, to stay calm, to stay informed from reliable sources, to minimize our exposure, and to support each other in ways that can help us get t[...]

Tennessee Supreme Court Upholds $750,000 Cap On Noneconomic Damages

February 28, 2020

The Supreme Court of Tennessee, in its opinion filed on February 26, 2020, held “that the statutory cap on noneconomic damages in Tennessee Code Annotated section 29-39-102 does not violate the right to trial by jury, the doctrine of separation of powers, or the equal protection provisions of [...]

Iowa Bill Would Impose Hard Cap Of $250,000 For Noneconomic Damages In All Medical Malpractice Cases

February 23, 2020

The Iowa Legislature passed a medical liability reform law in 2016 that imposed a $250,000 cap on noneconomic damages in medical malpractice cases but excluded Iowa medical malpractice claims involving permanent disfigurement or death. The present Iowa medical malpractice law states: “The tota[...]

Study’s Authors Suggest Medical Malpractice Tort Reforms Do Not Lead To Improved Quality of Care

February 18, 2020

An article appearing in JAMA Network on January 28, 2020 entitled “Malpractice Liability and Health Care Quality: A Review” concluded: “Although gaps in the evidence remain, the available findings suggested that greater tort liability, at least in its current form, was not associat[...]

The Need For Medical Malpractice Tort Reform: Who Do You Believe?

January 25, 2020

An article entitled “The Falacies of Medical Malpractice “Tort Reform”” states, in part: “Organizations representing the state’s doctors and their insurers have been hard at work trying to convince the public that medical malpractice insurance premiums have escalated [...]

USA Today Reports Nearly 6,900 Florida Physicians Do Not Have Medical Malpractice Insurance

January 9, 2020

USA Today reports: “Nearly 6,900 doctors in Florida lack malpractice insurance or other coverage … When they maim and kill, there’s less recourse, leaving patients damaged physically and financially, with families struggling to pay medical bills … Those physicians have been disci[...]

National Defense Authorization Act 2020 Allows Military Medical Malpractice Claims For First Time

December 23, 2019

National Defense Authorization Act 2020 (NDAA) signed into law by President Trump on December 20, 2019 does not change or repeal the Feres doctrine but it authorizes for the first time for the Secretary of Defense to allow, settle, and pay an administrative claim against the United States for person[...]

Maryland Appellate Court Affirms Dismissal Of Medical Malpractice Case Where Certificate Of Qualified Expert And Report Were Untimely Filed

December 5, 2019

The Court of Special Appeals of Maryland (“Maryland Appellate Court”), in its unreported opinion dated November 27, 2019, affirmed the dismissal of the plaintiff’s Maryland medical malpractice lawsuit where the plaintiff failed to timely file the required Certificate of Qualified E[...]

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Category: Tort Reforms