Archives: February 2018

February 2018 Newsletter

Show me liability reform A recent push for liability reform in Missouri could show patients how a reduction in medical lawsuit abuse can improve access to care across the states. Building on Governor Greitens’ emphasis on the need for changes to the state’s liability system, a new bill would bring an efficient resolution to those with legitimate claims. The latest bill, introduced by State Senator Dan Hegeman, allows physicians to address claims promptly by redefining the statute of limitations to three years. “Missouri has not amended the five-year statute since 1939,” Hegeman told the Senate government reform committee. “While five years may have made sense in an age when transportation and communication were more challenging, there is no reason today for an injured person to need so much time to file the action.” The shorter statute of limitations gives physicians peace of mind that any claims of negligence are addressed quickly, and deserving patients benefit from a system that better separates meritless lawsuits from rightful claims for damages. To read more about Missouri’s efforts to further reform their liability system for patients and physicians, click here. Sweeping changes to liability system would bring benefits to Kentucky Initiating legislation that would…

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Tort Reform Roundup: Kentucky & Missouri

In this edition of Tort Reform Roundup, we look at a pair of states considering some major tort reform initiatives. In Kentucky, a sweeping measure aimed at capping attorney fees on medical malpractice damages, has passed the State Senate Health & Welfare Committee and now awaits a vote in the Senate. Meanwhile, the state of Missouri is mulling over a proposal that would shrink the time for filing personal injury lawsuits. Kentucky The state currently has no cap on damages in any type of injury. State Senator Ralph Alvarado aims to change that with SB-20, a bill that seeks to impose contingency caps on attorney fees in medical malpractice cases. The limits in this provision would allow a lawyer to make $60,000 of contingency fees if their client wins $200,000 in damages, or $140,000 if their client wins $1 million in damages. Other provisions would exempt medical peer review discussions from discovery, require medical malpractice lawsuits to contain an affidavit of merit (a document stating that at least one doctor agrees the claim has merit), and allow healthcare workers to express condolences to patients or families without fear of having those words used against them in a lawsuit. Alvarado has…

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Senate panel explores medical tort-reform bill

FRANKFORT, Ky. — A sweeping measure to regulate everything from trial attorney fees, medical record copying charges and how malpractice lawsuits are brought passed the state Senate Health and Welfare Committee yesterday. The legislation was described as an omnibus medical tort-reform bill by sponsor Sen. Ralph Alvarado, R-Winchester. Among its many provisions, Senate Bill 20 would require medical malpractice lawsuits to contain an affidavit of merit. That’s a document stating that at least one doctor agrees the claim has merit. A medical review panel opinion in favor of a patient would fulfill the affidavit of merit requirement. Senate Bill 4 from 2017 created panels of experts to review claims of medical error or neglect. If the medical review panel finds in favor of the medical provider, however, the patient would still have to get an affidavit of merit to advance to court. A second provision would impose contingency caps on attorney fees in medical malpractice cases. The limits in this provision would still allow a lawyer to make $60,000 of contingency fees if their client wins $200,000 or $140,000 if their client wins $1 million, according to the language in SB 20. A third provision would attempt to exempt medical…

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