Recent Washington News

March 2020 Newsletter

In this time of uncertainty and rapidly changing developments regarding the COVID-19 pandemic, we express our thanks and appreciation for those who continue to work at the front line of our health care systems. The HCLA and Protect Patients Now remain committed to...

Stimulus Bill Would Boost Liability Protection for Volunteer Docs

SOURCE: Bloomburg Law The embattled Senate stimulus package, if approved, would remove a troubling legal barrier by providing limited liability protection for doctors and other caregivers who volunteer across state lines during the coronavirus emergency. The mammoth...

Legal reform advocates point to medical malpractice figures in New York, Pennsylvania

ALBANY, N.Y. (Legal Newsline) – Experts who have watched medical malpractice lawsuits skyrocket in states like New York, Rhode Island and New Jersey say lawmakers have made it too easy and attractive to sue and reform must happen. “New Yorkers once again pay more for...

Current Medical Liability Laws

Damage Caps	None
Joint Liability Reform	If the claimant is at fault, defendants are responsible only for their proportionate share of negligence, except where parties act in concert or where a person was acting as an agent or servant of the party. If the claimant is not at fault, defendants are jointly and severally liable.
Collateral Source Reform	Yes. Any party may present evidence to the trier of fact that the plaintiff has already been compensated for the injury complained of from any source except the assets of the plaintiff, the plaintiff’s representative, or the plaintiff’s immediate family. In the event such evidence is admitted, the plaintiff may present evidence of an obligation to repay such compensation and evidence of any amount paid by the plaintiff, or his or her representative or immediate family, to secure the right to the compensation.
Attorney Fees Limited	Court shall determine the reasonableness of each party’s attorneys’ fees.
Periodic Payments Permitted	Yes. Any party may request periodic payments, and the court must order such payments if future economic damages exceed $100,000.