malpractice Archives - Page 6 of 11 - Medical Malpractice Lawyers

Cesarean Deliveries: New Recommendations To Prevent Blood Clots

August 31, 2011

One of the leading causes of maternal death in the United States is blood clots (thromboembolism) that can block the flow of blood to vital organs. Pregnancy is associated with a four-fold increase in the risk of thromboembolism, which may be due to slower blood flow, compression of the pelvic and o[...]

Florida’s Cap On Noneconomic Damages In Medical Malpractice Cases

August 29, 2011

Florida has enacted a law that places caps on the amount of noneconomic damages that victims of medical malpractice may receive. The Florida law states, in part, as follows: 766.118 Determination of noneconomic damages.—… (b) “Noneconomic damages” means noneconomic damages as define[...]

Feds Test The Medical Malpractice Reform Waters

August 28, 2011

On January 24, 2011, a bill was introduced in the United States House of Representatives (H.R. 5) that would have made changes to medical malpractice laws on the federal level. If H.R. 5 became law, the new law would be known as the “Help Efficient, Accessible, Low-cost, Timely Healthcare�[...]

Some States Have Determined Caps On Damages In Medical Malpractice Cases Are Unconstitutional

August 27, 2011

Even though some states (such as Maryland) have upheld caps on noneconomic damages (and sometimes other damages as well) as constitutional under their respective state constitutions, there are states that have found the caps imposed by their respective state legislatures to be unconstitutional. Th[...]

Maryland’s Cap On Noneconomic Damages Applied In Medical Malpractice Cases Upheld

August 24, 2011

In a case involving the horrific drowning death of a five year old boy in a community swimming pool who experienced excruciating pain and suffering during the approximately two and a half minutes it took him to lose consciousness, the Court of Appeals of Maryland (Maryland’s highest appellate[...]

New York Rejects Attempt To Cap Noneconomic Damages In Medical Malpractice Cases At $250,000

August 23, 2011

During the recent New York legislative session, the New York Senate’s Republican majority’s support of a measure to limit noneconomic damages in medical malpractice cases to $250,000 failed when the Speaker of the Assembly strongly opposed the measure and Governor Andrew Cuomo rejected[...]

Oregon Still (For Now) Protecting The Rights Of Medical Malpractice Victims

August 22, 2011

During the 2011 Regular Session of the Oregon Legislative Assembly, a bill was introduced that would have limited the amount of noneconomic damages to $500,000.00 for victims of medical malpractice, if it had become law. House Bill 3228 stated as follow: Be It Enacted by the People of the State of O[...]

Illinois: Another Shining Light For Medical Malpractice Victims

August 21, 2011

Section 2–1706.5 of the Illinois Code of Civil Procedure provides in relevant part: (a) In any medical malpractice action or wrongful death action based on medical malpractice in which economic and non-economic damages may be awarded, the following standards shall apply: (1) In a case of an award [...]

Georgia’s Supreme Court: A Bright Light For Medical Malpractice Rights

August 20, 2011

On March 22, 2010, the Supreme Court of Georgia courageously and correctly held as unconstitutional the Georgia Legislature’s attempt to cap (limit) the amount of noneconomic damages that juries in Georgia could award in medical malpractice cases because the cap encroached on the constituti[...]

Limits On Non-Economic Damages In Medical Malpractice Cases Is Un-American

August 19, 2011

The right to jury trial was so fundamental and precious to our founding fathers that the right was guaranteed to all U.S. citizens by the Sixth and Seventh Amendments of the United States Constitution in criminal and civil cases: Amendment VI In all criminal prosecutions, the accused shall enj[...]

How Limits On Noneconomic Damages Affect Medical Malpractice Cases In Texas And Elsewhere

August 18, 2011

Now that an ever-growing number of states in the United States are enacting limitations (“caps”) on the amount that medical malpractice victims can recover for their pain, suffering, mental anguish, disfigurement and other noneconomic injuries caused by careless and negligent medical ca[...]

Maryland’s Experience With Medical Malpractice “Tort Reform”

August 17, 2011

A recent case decided by the Court of Appeals of Maryland (the highest state appellate court in Maryland) reviewed the path that Maryland has taken with regard to medical malpractice “tort reform.” The Court of Appeals reviewed the history of the law of medical malpractice in Marylan[...]

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Tag: malpractice