Recent News
N.D. law limiting damages in malpractice cases ruled unconstitutional
A judge has found a North Dakota law limiting damages in medical malpractice cases to be unconstitutional. In a case involving a woman who was disabled due to a surgery at CHI St. Alexius Health, South Central Judicial District Judge Cynthia Feland denied a motion...
Push Continues for Medical Liability Reform — Slowly
In late June, the House of Representatives passed a bill that would impose a number of restrictions on malpractice litigation, including a $250,000 cap on noneconomic damage awards. Click here to read our original report on the vote. In this follow-up, we check on...
Top cases show physicians had a forceful ally in the courts
One thing physicians from Florida to Hawaii had in common in 2017 was that the Litigation Center of the American Medical Association and State Medical Societies had their backs. The Litigation Center was involved in legal battles that helped prevent an insurance...
High Court’s Contempt for Lawmakers’ Authority, Lawsuit Rackets Place Florida atop Latest ‘Judicial Hellholes’ List
WASHINGTON, D.C., December 5, 2017 – The American Tort Reform Foundation issued its 2017-2018 Judicial Hellholes® report today, naming courts in Florida, California, Missouri, New York, Pennsylvania, New Jersey, Illinois and Louisiana among the nation’s “most unfair”...
Court Stays Order Striking Down Medical Review Panel Law
FRANKFORT, Ky. (AP) — The Kentucky Court of Appeals has stayed a lower court's ruling striking down a state law requiring a panel of doctors to review medical malpractice cases before going to trial. Franklin County Circuit Judge Phillip Shepherd's Oct. 30 order...
Florida Supreme Court tosses out part of state medical malpractice law
TALLAHASSEE-- Saying that changes approved by lawmakers “have gashed Florida’s constitutional right to privacy,” a sharply divided Florida Supreme Court on Thursday rejected parts of a controversial 2013 medical-malpractice law. Justices, in a 4-3 decision, said the...
Judge strikes down new Kentucky law creating medical review panels
Dealing a major blow to efforts to curb supposedly frivolous malpractice claims, a judge has struck down a new Kentucky law creating medical review panels to screen such cases before they go to trial. In a ruling Monday, Franklin Circuit Judge Phillip Shepherd found...
Law written to deter frivolous malpractice lawsuits declared unconstitutional
A state law designed to deter the filing of frivolous medical malpractice lawsuits was declared unconstitutional Tuesday by the Oklahoma Supreme Court. This is the third time the state Supreme Court has struck down similar legislation. In each case, the Legislature...
Arkansans for Jobs and Justice Launches Campaign for Real Tort Reform in Arkansas
A coalition representing a diverse group of Arkansans has joined together to support commonsense reforms that will help make Arkansas more competitive with surrounding states and protect everyday Arkansans. Paperwork was filed today for Arkansans for Jobs and Justice...
‘Sorry’ doesn’t mean they’ll sue: How hospitals avoided lawsuits after adverse events
Communication-and-resolution programs (CRP) at four Massachusetts hospitals led to lower medical liability costs and improvements in patient safety after adverse events, countering concerns that telling patients about errors would motivate more to file lawsuits. Led...