Recent News
Wisconsin’s cap on medical malpractice awards unconstitutional, courts rules
Ruling that Wisconsin's $750,000 cap on medical malpractice claims is unconstitutional, an appellate court said Wednesday that a Milwaukee woman who lost all four limbs should collect the $16.5 million for pain and suffering awarded to her and her husband. "We...
Florida patients face uncertainty after liability reforms deemed unconstitutional
On Thursday, in a 4-3 decision by the Florida Supreme Court, a 2003 law setting caps on medical malpractice damages in personal injury cases was declared unconstitutional. The law, which was strongly supported by then governor Jeb Bush, limited non-economic damages in...
Trial lawyers push bill for heftier fees in malpractice cases
Trial lawyers are trying to slip in a fast one in the waning days of the legislative session in Albany that would fatten their legal fees in medical malpractice cases. Lawyers can earn 30 percent of the first $250,000 recovered in medical malpractice recoveries,...
Oregon Court Ruling Opens Avenues for Defensive Medicine, Lawsuit Abuse
The Oregon Supreme Court on Thursday revived a patient's medical malpractice suit accusing a hospital and doctors of depriving him of a chance of a full recovery from a stroke, saying such “loss of chance” theories are fair game in medical negligence cases. The...
Liability Reform Brings Help to the Hawkeye State
Friday morning, Governor Branstad signed SF 465 — the IMS-crafted tort reform legislation. This legislation marks the culmination of decades of work by countless physicians throughout our state. "Today's historic achievement is a victory for every physician, resident,...
Pre-existing Condition: New York’s Broken Liability System
The ‘Worst State for Doctors’ Has a Dangerous Pre-existing Condition Another year, and another report naming New York the “Worst State for Doctors.” Time and time again, our state ranks dead last as a place for physicians to practice. The primary reason for the Empire...
Panel Discussion Yields Insights into Future of Liability Reform
Taking part in a legal panel on the future of medical liability reform, HCLA chair Mike Stinson joined with legal experts and those supporting the interests of consumers to give insight on how efforts to change the currently broken system will evolve. Hosted by George...
Pushing Back on Medical Liability Misconceptions – NYT Letter to the Editor
To the Editor Re G.O.P. Bill Would Make Medical Malpractice Suits Harder to Win (April 15): In 40 years of practicing medicine, I’ve witnessed a change in physician culture. Physicians no longer rely on clinical judgement based on training, experience and the best...
A Doctor’s Place is in the Exam Room
An orthopaedic surgeon and a neurosurgeon walk into a room… Unfortunately, this is not the start of a joke. While we would prefer to be sharing best practices and treating patients in our exam rooms, the fact is we’re spending more time than we’d like in a courtroom....
Medical Liability – Prospect for Federal Reform
Medical malpractice reform appears to be back on the federal policy agenda. The appointment of Tom Price, a long-time proponent of tort reform, as secretary of health and human services, in conjunction with Republican control of both houses of Congress, has created...