Tort Reforms Archives - Page 8 of 15 - Medical Malpractice Lawyers

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[...]

South Dakota Cap On Medical Malpractice Damages Hurts Victims

February 27, 2015

Back in 1976, South Dakota imposed a $500,000 cap on noneconomic damages in medical malpractice claims, no matter the amount of the pain and suffering that the victim of South Dakota medical malpractice experienced in the past, or would have to suffer for many years into the future. The cap has n[...]

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[...]

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[...]

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[...]

Consumer Watchdog Asks California Supreme Court To Accept Case Challenging Medical Malpractice Cap

December 1, 2014

In a letter addressed to Justices of the California Supreme Court dated November 18, 2014, the consumer advocacy group Consumer Watchdog has requested that the California Supreme Court agree to review a case in which the California medical malpractice cap on noneconomic damages is challenged, adv[...]

Wyoming Supreme Court Says Medical Malpractice Two-Year Statute Of Limitations As Applied To Minors Violates Wyoming Constitution

November 30, 2014

In its opinion issued on November 14, 2014, the Wyoming Supreme Court held that Wyoming’s two-year statute of limitations for medical malpractice claims violates the Wyoming Constitution when it is applied to medical malpractice claims of minors. Minors in Wyoming generally have three years[...]

New Study Finds Medical Malpractice Caps Lead To Higher Rates Of Preventable Patient Safety Events In Hospitals

November 4, 2014

A recently published study found that medical malpractice caps on noneconomic damages, which have been enacted in many states in the United States, have reduced the risk of medical malpractice litigation in those states, which has led to higher rates of preventable adverse patient safety events in[...]

Recent Study Of The Impact Of Medical Malpractice Caps On Average Malpractice Payment Size

October 26, 2014

The authors of a study published online on October 22, 2014 by HealthAffairs sought to investigate the impact of medical malpractice caps on noneconomic damages on the average size of medical malpractice payments for ten medical specialties as well as for physicians overall. The researchers found[...]

Medical Malpractice Reforms Protecting ED Physicians Have Had Little Effect On The Practice Of Medicine

October 25, 2014

In a research study published on October 16, 2014 in The New England Journal of Medicine, it was reported that in three U.S. states that had passed medical malpractice reform legislation to require a greater showing of medical negligence in order for patients injured by emergency room physicians [...]

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Category: Tort Reforms