medical malpractice Archives - Page 28 of 40 - Medical Malpractice Lawyers

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[...]

Texas Governor Rick Perry Enters Presidential Race: What’s The Effect On Medical Malpractice?

August 16, 2011

On Saturday, August 13, 2011, Texas Governor Rick Perry announced that he will run for President of the United States as a Republican candidate. As the Republican Governor of Texas for many years (and as the current Governor of Texas), what has he done in Texas regarding medical malpractice and othe[...]

Medicare And Skilled Nursing Facilities (“SNF” = Nursing Homes)

August 15, 2011

Some Basic Concepts In order to participate in Medicare, a skilled nursing facility (“SNF”) must comply with the participation requirements in the federal law known as 42 C.F.R. Sections 483.1-483.75 (C.F.R. stands for Code of Federal Regulations). Compliance with these requirements [...]

Training Doctors To Win Their Medical Malpractice Cases

August 14, 2011

When doctors fail to provide medical care to their patients consistent with the required standard of care expected of them, they have committed medical malpractice. When their medical malpractice causes serious injuries or damages to their patients, their patients have a valid medical malpractice[...]

Medical Malpractice: Trusting Doctors

August 13, 2011

A telephone survey conducted in 2010 of adults living in the United States found that about 70% of Americans trusted their doctor’s medical advice to the extent that they would not seek a second opinion or do further research. A survey eight years earlier found that 64% of Americans fe[...]

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Tag: medical malpractice