Recent Washington News
February 2017 Newsletter
Act NOW for Medical Liability Reform – New Federal Bill Introduced Our grassroots network has been activated to generate support for the Protecting Access to Care Act (H.R. 1215), a new federal bill introduced last Friday that is based on proven state medical...
Scope of practice should set limits on medical liability testimony
Which medical professionals are qualified to provide medical causation testimony before a court? In Frausto v. Yakima HMA, the Supreme Court of Washington will determine whether an advanced registered nurse practitioner (ARNP) is qualified to testify as to the...
New Directions in Medical Liability Reform
Medical liability reform has maintained a tenacious hold on the national policy agenda. During the first several years of the 21st century, a malpractice insurance “crisis” prompted vociferous demands by organized medicine and liability insurers for tort reforms to...
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. |