Tort Reforms Archives - Page 4 of 15 - Medical Malpractice Lawyers

Maryland Senate Bill Would Increase Cap On Noneconomic Damages In Medical Malpractice Wrongful Death Cases

January 25, 2018

Maryland Senate Bill 36 proposes to increase the cap on noneconomic damages in Maryland medical malpractice wrongful death claims where there are two or more claimants or beneficiaries, for causes of action that arise after October 1, 2018, to up to 450% of the applicable cap from the current 125% c[...]

Florida Supreme Court Rules Unconstitutional Requirement That Medical Malpractice Plaintiffs Authorize Ex-Parte Communications With Non-Party Medical Providers

November 13, 2017

The Supreme Court of Florida (“Florida Supreme Court”) ruled in its 4-to-3 decision on November 9, 2017 that the amendment to Florida’s medical malpractice statute requiring plaintiffs in medical malpractice cases to authorize medical malpractice defendants’ attorneys to spea[...]

Oregon Appellate Court Holds Cap On Noneconomic Damages Unconstitutional As Applied To Grievously Injured Plaintiff

November 2, 2017

The Court of Appeals of the State of Oregon (“Oregon Appellate Court”) ruled in its opinion filed on November 1, 2017 that where there is a bare reduction in the plaintiff’s noneconomic damages without any identifiable statutory quid pro quo or constitutional principle that the cap on [...]

Tennessee Appellate Court Affirms Substantial Compliance With Medical Malpractice Pre-Suit Notice Requirements Applies To Governmental Entities

August 31, 2017

In its opinion filed on August 8, 2017, the Court of Appeals of Tennessee at Nashville (“Tennessee Appellate Court”) affirmed that substantial compliance with the documentation requirement in Tennessee Code Annotated § 29-26-121(b) is sufficient even when the defendant is a government[...]

Arizona Governor Wishes To Harm Medical Malpractice Victims With Federal Tort Reform

July 30, 2017

Arizona Governor Doug Ducey supports efforts at imposing federal tort “reforms,” such as the proposed $250,000 cap on noneconomic damages in medical malpractice cases, despite the protections afforded by the Arizona Constitution and despite the citizens of Arizona uniformly rejecting med[...]

Indiana Supreme Court Affirms Medical Malpractice Plaintiff May Raise New Theories After Panel Decision

July 23, 2017

In its decision filed on April 7, 2017, the Indiana Supreme Court affirmed the Court of Appeals decision in the case that held that a plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel (“MRP”) process if (1) the proposed complain[...]

Wisconsin Appellate Court Strikes Down Medical Malpractice Noneconomic Damages Cap

July 7, 2017

In its decision filed on July 5, 2017, the Wisconsin Court of Appeals District I (“Appellate Court”) held that Wisconsin’s statutory $750,000 cap on noneconomic damages in medical malpractice cases (WIS. STAT. § 893.55 (2015-16)) is unconstitutional on its face because it impos[...]

Florida Supreme Court Holds Caps On Noneconomic Damages In Medical Malpractice Claims Unconstitutional

June 9, 2017

The Supreme Court of Florida held in a 4-to-3 decision filed on June 8, 2017 that the caps on personal injury noneconomic damages in medical negligence actions provided in section 766.118 violate the Equal Protection Clause of the Florida Constitution. Section 766.118, Florida Statutes (2011) Sectio[...]

Iowa Enacts Hurtful Medical Malpractice Tort Reform Law

May 7, 2017

Iowa’s governor, Terry Branstad, signed into law on May 5, 2017 new legislation that limits noneconomic damages in Iowa medical malpractice cases to $250,000 unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function, substantial disfigurement[...]

Why Can’t I Find A Medical Malpractice Lawyer To Take My Case?

April 7, 2017

An increasing number of medical malpractice victims throughout the United States are finding it increasingly more difficult to find medical malpractice lawyers in their state who are willing to represent them in a medical malpractice claim. Why is this so, and what can these medical malpractice vict[...]

Iowa Senate Passes Medical Malpractice Tort Reform Bill, Now Heads To Iowa House

March 22, 2017

On March 20, 2017, the Iowa Senate passed Senate File 465 by a partisan vote of 28 (all Republicans) to 21 (20 Democrats and one Independent), which now heads to the Iowa House, which imposes severe medical malpractice tort reforms in an effort to attract more physicians to Iowa. One Iowa Senator j[...]

Newly Proposed Federal Legislation Would Eviscerate Medical Malpractice Victim Rights

March 1, 2017

The U.S. House of Representatives Judiciary Committee approved on February 28, 2017 by a vote of 18 to 17 proposed federal legislation, H.R. 1215, that if passed by the full House and Senate and signed into law, would drastically harm medical malpractice victims throughout the United States by sever[...]

« 1 2 3 4 5 6 7 8 9 … 15 »

Category: Tort Reforms