Recent Massachusetts News

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News Flash: Doctors, Lawyers Work Together on Med-Mal Reform

It may not seem like big news, but if you’ve followed the long-running, stubborn and mostly dug-in debate over reforming medical malpractice in the U.S., you know that when doctors and lawyers issue a joint news release, something is really going on. (As Carey put it:...

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Physicians, Patients Face Long Road in Liability Lawsuits

(Reuters Health) - Malpractice claims against U.S. doctors are often dismissed, and when they go to trial, the verdict is usually in the doctor's favor, according to a new study.But even when a case is dismissed, the road is typically long for both doctors and the...

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Current Medical Liability Laws

 

Damage Caps $500,000 cap on noneconomic damages, with exceptions for proof of substantial disfigurement or permanent loss or impairment of a bodily function, or other special circumstances which warrant a finding that imposition of such limitation would deprive the plaintiff of just compensation for the injuries sustained.
Joint Liability Reform No. Each defendant is jointly and severally liable.
Collateral Source Reform Collateral Source Rule applies in tort cases. See Law v. Griffith, 930 N.E.2d 126 (Mass. 2010). But in cases of medical malpractice benefits from collateral sources must be disclosed and used to reduce recoverable economic damages, minus any amount paid by the claimant to secure the benefit.
Attorney Fees Limited Yes. Fees are limited to 40% of the first $150,000; 33 1/3% of the next $150,000 and 30% of the next $200,000; and 25% of amounts exceeding $500,000. An attorney may not take an amount that would leave the claimant with less than the amount of unpaid past and future medical expenses, with exceptions.
Periodic Payments Permitted No