The Court of Appeals Fifth District of Texas at Dallas (“Texas Appellate Court”), in its opinion dated August 18, 2020, upheld a jury’s award in the amount of $5 million for a victim’s ten to fifteen seconds of awareness of… Read More
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Kansas Supreme Court Upholds Damages Cap In Medical Malpractice Cases
In its opinion published on October 5, 2012, the Supreme Court of the State of Kansas (“Kansas Supreme Court”) upheld Kansas’ $250,000 cap on noneconomic damages in medical malpractice cases as constitutional. The case is captioned Miller v. Johnson, Case No. 99,818… Read More
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Missouri Medical Malpractice Cap Being Challenged
A 2005 Missouri law that placed caps on non-economic damages in the amount of $350,000 is presently being challenged as unconstitutional in a case before the Supreme Court of Missouri. The case involves a medical malpractice claim arising out of the birth… Read More
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Maine Medical Malpractice Verdict For Man’s Death
The surviving wife of a 44-year-old Maine man who died in the hospital on his birthday (which was also Mother’s Day) received a favorable jury verdict during early June, 2011. The man’s death was witnessed by his wife, children, and parents who… Read More
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Medical Mutual Liability Insurance Society Of Maryland
The Medical Mutual Liability Insurance Society of Maryland (“Medical Mutual”) is the largest insurer of Maryland doctors for medical malpractice claims in Maryland. Medical Mutual is a physician-owned liability insurance company that has been insuring Maryland physicians against Maryland medical… Read More
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U.S. Government Analysis Of Medical Malpractice Tort Reform
On November 3, 2011, the U.S. Congressional Budget Office (“CBO”) offered a presentation at the Annual Fall Research Conference of the Association for Public Policy Analysis & Management entitled CBO’s Use of Evidence in Analysis of Budget and Economic Policies (source)… Read More
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How Do Medical Malpractice Claims REALLY Affect Doctors?
Doctors are constantly complaining that the fear of medical malpractice claims has changed the way they practice medicine, has increased health care costs, and has caused doctors to flee the profession due to high medical malpractice insurance premiums and “frivolous… Read More
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Medical Malpractice Tort Reform – At What Cost?
The political pundits pushing for what they call “tort reform” have enjoyed many successes in recent years. Many states have enacted laws that have placed a “cap” on the maximum amount of money that can be recovered from negligent doctors and… Read More
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Oregon Still (For Now) Protecting The Rights Of Medical Malpractice Victims
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… Read More
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Illinois: Another Shining Light For Medical Malpractice Victims
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… Read More