December 2017 Newsletter

Year-end report sheds light on “Judicial Hellholes” The American Tort Reform Association (ATRA) end-of-year “Judicial Hellholes” report offers a public glimpse at the most unfriendly jurisdictions for those defending themselves against civil litigation, including medical liability lawsuits. At the top of the list this year was Florida, where once-strong medical liability reforms have been continuously rolled back at the expense of patients seeking affordable and accessible care. “This year, thanks to a state high court majority’s barely contained contempt for the policy-making authority of the legislative and executive branches of government, and a notoriously aggressive and sometimes lawless plaintiffs’ bar, Florida earns the ignominious #1 ranking among eight Judicial Hellholes…” said American Tort Reform Association president Tiger Joyce. Also high on the list was St. Louis, where “antiquated rules have made it a favorite of personal-injury lawyers shopping for big-money verdicts” resulting in $300 million in awards since 2015. However, recent changes in state government, including a governor in support of changes to the liability system, do hold promise for much-needed reform in the coming year. To read more about ATRA’s “Judicial Hellholes” executive summary and report on the where physicians and defendants fare the worst when it comes to…

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November 2017 Newsletter

Physician opinions: medical liability lawsuits and impact on care Holding strong opinions about the current liability climate, its impact on patient care, and the way to discourage medical lawsuit abuse, physicians weighed in on the way toward comprehensive medical liability reform. Surveying over 4100 physicians across more than 25 specialties currently practicing in the US, Medscape captured the prevailing thoughts of physicians who bear the brunt of a broken system that costs too much, takes too long, and undermines their relationship with their patients. With 55 percent of those taking part in the survey responding that they had been named in a medical liability lawsuit, specialists across surgery and OB/GYN practices were found to be most likely to be sued. Eighty-five percent of respondents in each specialty noted that at one point or another in their careers, they were forced to spend countless hours on defense preparation and in court for lawsuits, that, 40 percent of the time, took between one to two years to resolve. As a result, 45 percent of physicians report that the threat of medical liability lawsuits are on their mind all or most of the time – a driving factor in the practice of defensive…

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October 2017 Newsletter

Oklahoma Supreme Court ruling could lead to medical lawsuit abuse Patients and physicians in Oklahoma could face a deteriorating liability climate in the coming years, as the state Supreme Court recently ruled against an effective liability reform. This setback to accessible and affordable care is the third time the Supreme Court has ruled against a certificate of merit requirement, following several revisions to past legislation which had also been invalidated by the Court. The latest version of the reforms included expanding the scope of expert witness affidavits to include all civil negligence actions which required testimony by an expert, following previous rulings that the law put a higher burden on victims of professional negligence than victims of general negligence. “We believe the certificate of merit has been an important legal reform that helped prevent baseless lawsuits, and we will look carefully at our options and next steps to address today’s ruling,” said Wes Glinsmann, executive director of the Oklahoma State Medical Association. Without an umbrella of federal reforms, medical liability at the state level has too often been a game of one step forward, two steps back, as reforms are passed and then continuously challenged by the personal injury lobby….

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