Recent News
Juries must be instructed that bad outcomes aren’t always negligence
SOURCE: American Medical Association Physicians do not—and cannot—guarantee a good result for every patient, something that juries need to be reminded of before deliberating. That is especially true in tough cases that may pull at the heartstrings, physicians tell the...
Doctors warn malpractice changes could drive providers out of New Mexico
SOURCE: KOB 4 Barely a year after lawmakers slapped an emergency bandage on New Mexico’s revamped Medical Malpractice Act, doctors are again warning about a dire – if unintended – consequence. At the start of 2024, the cap for awards in malpractice lawsuits against...
Iowa governor signs limits on damages for pain, suffering in medical malpractice lawsuits
SOURCE: Des Moines Register Gov. Kim Reynolds has signed a law limiting the amount of money Iowans can receive in medical malpractice lawsuits, touting the legislation as a win for health care access in rural Iowa. "Everyone agrees that when mistakes happen Iowans...
Another Voice: Grieving Families Act will harm New York’s health care system
SOURCE: The Buffalo News Gov. Kathy Hochul is contemplating a measure that would significantly alter New York’s wrongful death laws. As written, the “Grieving Families Act,” (S74A) would adversely impact all areas of liability, including medical liability, and...
Courts shouldn’t interfere with physician’s choice of lawyer
SOURCE: American Medical Association If an appellate court decision is allowed to stand, Pennsylvania physicians in medical liability cases would be susceptible to not being able to hire the lawyer they want to represent them. The Pennsylvania Superior Court in 2022...
Alaska Supreme Court overturns some limits on medical malpractice awards
SOURCE: Alaska Public Media The Alaska Supreme Court ruled Friday that a 46-year-old law limiting financial awards in medical malpractice lawsuits is unconstitutionally biased against Alaskans with medical insurance. The 57-page decision, approved unanimously...
Pushback growing against North Carolina’s COVID liability law
SOURCE: WHQR North Carolina enacted a law early in the coronavirus pandemic that gave medical providers near-absolute immunity from civil liability. Now, the nation's largest for-profit health care system could use that law to quash a medical malpractice claim...
A shortage of OB-GYNs looms. Why are they fleeing N.J.?
SOURCE: NJ.com The young doctor wanted to build her career in New Jersey. Dr. Matilde Hoffman finished her residency at Livingston’s Cooperman Barnabas Medical Center in June, and the OB-GYN generalist searched for jobs in the Garden State. She wanted to stay close...
How a Downturn Could Impact Civil Jury Awards
SOURCE: Bloomberg Law It’s likely that current economic conditions will impact how juries determine damage awards in civil cases, say Cozen O’Connor attorneys Daniel Brobst and Benjamin Wilkoff. They explain how inflation, recession, and previous downturns could...
COVID Lawsuits Have Arrived: Which Doctors Are at Risk?
SOURCE: Medscape A pregnant patient who had COVID-19 showed up at a hospital with respiratory difficulty caused by her illness. Physicians had to perform an emergency delivery of her near-term baby. The infant survived, but the woman lost oxygen during the ordeal and...