News

Recent Posts / View All Posts

Iowa Senate Advances Bill To Discourage Med Mal Suits

Law360 | Iowa, National, News | Source | March 21, 2017

The Iowa Senate on Monday approved a tort reform bill that would cap noneconomic damages in medical malpractice cases at $250,000 and require injured patients to obtain a “certificate of merit” from a medical expert before filing suit. S.F. 465 passed the Iowa Legislature’s upper house in a 28-21 vote that was split along party lines, with 28 Republicans voting to approve the proposed legislation and 20 Democrats and one independent senator voting no. If approved, the bill would impose a $250,000 cap on noneconomic damages such as pain and suffering, similar to a federal bill recently floated by Republicans in Congress. In addition, the bill would require medical malpractice plaintiffs to file a certificate of merit — essentially an expert opinion vouching for the validity of the claims — which is designed to weed out and discourage frivolous lawsuits. The bill would also make certain statements made by doctors to patients regarding adverse medical incidents inadmissible in court, and would tighten the requirements as to who can qualify as an expert medical witness. During floor debate on Monday, a Republican proponent of the bill, state Sen. Charles Schneider of West Des Moines, said that the proposed legislation would help…

Read More

Bill to change medical professional liabilities law passes state Senate

West Virginia Record | National, News, West Virginia | Source | March 17, 2017

A bill that would change current state medical professional liabilities law has passed the state Senate. Senate Bill 338 would requires lawsuits against long-term care providers to be brought in the county in which the facility is located. Senate Judiciary Chairman Charles Trump, R-Morgan, is the sponsor of the bill. It has been sent to the House of Delegates Judiciary Committee. “Currently, most of the cases are brought in Kanawha County because corporate headquarters are in Charleston or because a company has a facility in Kanawha County,” said Patrick Kelly, CEO of the West Virginia Health Care Association. “If the bill passes, the people who know the facility best, local citizens, will hear the cases. “What’s happening now is that some of the facilities have a corporate office in Charleston, so if you have a case in the Northern or Eastern Panhandle, those folks have to leave their facility to come to Kanawha County. You can’t take an administrator or nurses out of the building for a long period of time.” The bill also would define occurrence as “any and all injuries to a patient arising from health care rendered by a healthcare facility or a healthcare provider and includes…

Read More

Lawmakers seek to cap damages in medical malpractice cases

STAT | National, News | Source | February 28, 2017

Doctors who worry about medical malpractice lawsuits would get major relief under legislation that was approved by a House committee Tuesday and that would make it harder for patients to come after their money. The legislation, approved by the House Judiciary Committee in an 18-17 vote, would cap damages that can be paid by doctors, hospitals, and nursing homes. (Many states already limit awards paid by individual providers.) It would cover individuals who are insured under Medicare, Medicaid, veterans or military health plans, and the Affordable Care Act, and could also impact people covered under COBRA or health savings plans. In introducing the measure, Iowa Republican Representative Steve King referred to airlines, which, he said, “throw blame out the window” after an accident, and instead focus on how to prevent it from happening again. His comment enraged several Democrats, who accused King of favoring the economic interests of health care providers over malpractice victims — and of showing a lack of basic knowledge about law. “We cast blame,” said Florida Democratic Representative Ted Deutch. “That’s how the justice system works.” Lobbyists for medical professionals were delighted with the legislation. “Instead of being able to focus on their patients, more and more doctors…

Read More