Tort Reforms Archives - Page 3 of 15 - Medical Malpractice Lawyers

Utah Supreme Court Rules Part Of Utah Health Care Malpractice Act Is Unconstitutional

July 20, 2019

In its opinion filed on July 19, 2019, the Supreme Court of the State of Utah (“Utah Supreme Court”) ruled that the requirement in the Utah Health Care Malpractice Act (“Act”) that a Utah medical malpractice claimant obtain a certificate of compliance from the Division of Occ[...]

Today’s 3,000th Consecutive Daily Blog Posting

May 7, 2019

Today, we celebrate a great achievement – our 3,000th consecutive daily blog posting! Yes, for 3,000 days in a row, we have posted to the blog on our website, www.medicalmalpracticelawyers.com. All of our past (and future) blog postings are fully searchable by word or phrase – it’s[...]

Oklahoma Supreme Court Holds Cap On Noneconomic Damages For Bodily Injury Claims Is Unconstitutional

April 24, 2019

In its opinion filed on April 23, 2019, the Supreme Court of the State of Oklahoma (“Oklahoma Supreme Court”) held “the cap on actual noneconomic damages–is wrought with an irremediable constitutional infirmity: It is a special law categorically prohibited by Article 5, Secti[...]

Researchers Find Texas’ Bases For Medical Malpractice Reform In 2003 Were Bogus

March 8, 2019

The University of Texas School of Law, Law and Economics Research Paper No. 284 entitled “Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and After HB4,” which was posted on February 7, 2019, found: (1) there were no major ch[...]

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[...]

U.S. Chamber of Commerce’s Institute for Legal Reform Claims U.S. Tort System Cost $429B In 2016

November 7, 2018

The U.S. Chamber of Commerce’s Institute for Legal Reform, which describes itself as “the country’s most influential and successful advocate for civil justice reform, both in the U.S. and abroad,” issued a report on October 24, 2018 entitled “Costs and Compensation of the U[...]

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[...]

$29.5M Iowa Medical Malpractice Verdict For Patient’s Death From Allergic Reaction To Contrast Dye

July 9, 2018

An Iowa medical malpractice jury returned its verdict in the amount of $29.5 million in favor of the family of a woman who died on June 9, 2015 as a result of an allergic reaction to the contrast dye administered to her during a CT scan. The June 13, 2018 Iowa medical malpractice verdict included [&[...]

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[...]

Updated Medical Malpractice Statistics In The United States

June 29, 2018

On June 25, 2018, the Center for Justice & Democracy at New York Law School (“CJ&D”) released its 10th update to its MEDICAL MALPRACTICE: BY THE NUMBERS briefing book, which compiles the latest statistics and research on issues related to medical malpractice. According to CJ�[...]

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[...]

Texas Appellate Court Discusses “Wilful And Wanton Negligence” Requirement In Emergency Care Medical Malpractice Cases

March 29, 2018

The Court of Appeals Second District of Texas Fort Worth (“Texas Appellate Court”) held in its Memorandum Opinion delivered on March 8, 2018 that the trial court erred by granting summary judgment on the Texas medical malpractice defendants’ no-evidence motion for summary judgment [...]

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Category: Tort Reforms