December 2018 Newsletter

An opinion on collateral source reform in Florida A recent op-ed by a former Florida legislator highlighted the dysfunction in the state’s liability system, including how the lack of collateral source reform in medical liability cases has led to inflated and unnecessary costs. Don Brown, previously a representative in the Florida House, weighed in on Florida’s recent number two position on American Tort Reform Association’s “Judicial Hellholes” list – and on one of the driving factors of increased liability across the state. “These inflated costs are exacerbated by the fact that Florida prohibits juries from seeing the payments made to plaintiffs by outside parties such as insurance companies,” Brown wrote. The issue at hand is the collateral source rule, where a defendant is prohibited from introducing in court any evidence of payments received by the plaintiff, from sources other than the defendant, which might remedy some of the plaintiff’s economic losses. The result is double recovery of damages by plaintiffs since both the defendant and another party, such as an insurance company, pay for the same loss. “The first, and most obvious solution, is to allow juries to see any outside compensation received by the plaintiff for treatment,” Brown suggested….

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November 2018 Newsletter

Arkansas court ruling prevents counting medical liability votes Progress on liability reform in Arkansas hit a snag this fall, as a court ruling ahead of November elections hurt efforts for reforms to move forward. Medical liability reforms championed by Arkansas for Jobs and Justice, including limits on attorneys fees and reasonable caps on non-economic damages, were slated to appear on the November ballot as Issue 1. Initial circuit court challenges to the legitimacy of the ballot question due to the state’s single-subject test were appealed, but ultimately upheld by the state Supreme Court. Although the question still appeared on the ballot, the vote totals were not counted. While vote counts for some counties were released under a Freedom of Information Act request, Carl Vogelphol, campaign manager for Issue 1 proponent Arkansans for Jobs and Justice, said it was hard to know if the issue would have passed or not, but that “we were seeing internal data when the electorate was educated they would’ve voted for it.” To read more about the setback for Arkansas access to care, click here. Kentucky courts remove checks on liability lawsuit merits Legislation passed in 2017 that put in place a plan to ensure the…

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October 2018 Newsletter

Elderly Texans among the beneficiaries of liability reform Liability reforms were a long time coming for the long-term care industry in Texas, where, prior to 2003, half the nursing homes across the state couldn’t find or afford liability insurance. Highly rated nursing homes were frequently targeted by personal injury attorneys pursuing meritless claims, driving up costs that forced them to scale back their care. Big changes came following medical liability reform legislation passed in 2003, when the nursing home industry in Texas experienced dramatic improvements in the care they were able to provide their residents – all thanks to savings from liability insurance premiums. “Texas tort reform saved our organization and the residents that we serve,” said Alan Hale, CEO of Manor Park, a non-profit elderly care facility in west Texas. Now, Texas has 50 percent fewer cases against nursing homes than the national average – evidence that reforms are making an impact. Facilities throughout the state, including Manor Park and another non-profit, Morningside Ministries, have credited liability reforms with allowing them to invest resources in recruiting care staff and nurses, training younger people for the various careers in long-term and elderly care, and improving the homes that serve and…

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