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May 10th, 2012
Medical liability reforms undertaken in Pennsylvania last decade have had the intended effect of reducing the number of meritless lawsuits, particularly in Philadelphia, and broader progress in other areas of tort law now seems possible, too . . . → Read More: Even in Philadelphia, ‘Progress Is Possible’
April 23rd, 2012
Over the past few years, doctors in both North Carolina and Ohio have seen a dramatic decrease in their insurance premiums, a decline in closed medical malpractice claims, and a significant decrease in total payments for medical liability. As a result, the market for physicians has stabilized and doctors are no longer fleeing the state out of fear of skyrocketing costs of medical liability insurance premiums. This has led to better access to competent doctors for all state citizens. . . . → Read More: Medical Liability Reform Having Great Desired Effects in North Carolina and Ohio
April 10th, 2012
According to 2011 data, the six states with the highest average payouts for medical liability lawsuits are all home to current or recently named Judicial Hellholes. Go figure . . . → Read More: Once & Future ‘Judicial Hellholes’ Dominate New List of States with Highest Medical Lawsuit Payouts
April 4th, 2012
John H. Cochrane’s Wall Street Journal piece, “What to Do on the Day After ObamaCare”, offers up a number of thoughtful, market-oriented health care reform alternatives that could quickly begin to reduce health care costs should the Supreme Court strike down current law. Glaringly omitted from Mr. Cochrane’s proposals, however, is any mention of meaningful medical tort reform. . . . → Read More: Where is the Obama Administration’s Pledged Commitment to Medical Liability Reform?
April 3rd, 2012
Louisiana has joined the growing majority of states whose high courts have upheld statutory limits on medical liability damages awarded by juries. These limits provide greater protection for doctors, which decrease the likelihood of doctors fleeing the state, thereby, increasing patients’ access to health care and increasing the standard of care which is available. . . . → Read More: Louisiana Supreme Court Joins Growing Number of State High Courts Upholding Limits on Medical Liability Damages
March 29th, 2012
A federal judge in the Eastern District of Texas has upheld the constitutionality of the Lone Star State’s 2003 limits on noneconomic damages in medical liability cases . . . → Read More: Good News from the Eastern District of Texas: Reasonable Limits on Noneconomic Damages Upheld as Constitutional
March 15th, 2012
Judicial Hellholes California, Florida, New York and West Virginia were home to some of the most absurdly outsized (and costly to us all) medical liability verdicts since 2010. . . . → Read More: Judicial Hellholes Spurring Costly Trend toward More Giant-Sized Medical Liability Awards
January 31st, 2012
Concerned by some of the highest-in-the-nation insurance premiums for physicians, a key committee in the Florida House has passed a bill that would grant greater protections for health care providers in medical liability cases . . . → Read More: Florida Bill Seeks Greater Legal Protections for Health Care Providers
September 23rd, 2011
In a cry for help that will almost certainly be ignored by Albany lawmakers who are wholly owned by the plaintiffs’ bar, New York City corporation counsel Michael Cardozo yesterday called for tort reform . . . → Read More: ‘Sue’ York City’s Corporation Counsel Calls for Tort Reform
September 14th, 2011
The latest news out of once-and-future judicial hellhole New York, aka “Sue York,” can be described as good, bad and ugly . . . → Read More: New York: Good, Bad & Ugly
August 30th, 2011
A Charleston Daily Mail editorial rightly criticizes a $90.5 million verdict in a lawsuit against a nursing home that alleged negligence in the wrongful death of an 87-year-old woman who suffered from dementia . . . → Read More: ‘Astronomically High’ Nursing Home Verdict Maintains West Virginia’s ‘Hellhole’ Reputation
August 16th, 2011
California’s high court is expected to render its decision soon in a key “phantom damages” case, and Sacramento Bee columnist Dan Walters succinctly asseses the importance of the pending decsion . . . → Read More: ‘Phantom Damages’ Case Pending in California Will Influence State’s ‘Hellhole’ Reputation
July 29th, 2011
A new study shows that meritless medical malpractice litigation in Mississippi has been reined in considerably by 2003 tort reforms, including the limiting of pain and suffering awards. . . . → Read More: Reasonable Limit on ‘Pain & Suffering’ Awards Working in Mississippi
July 26th, 2011
Following similar action by their Senate colleagues earlier this month, members of the North Carolina House have voted bipartisanly to override Gov. Bev Perdue’s veto of important medical liability reform legislation . . . → Read More: NC Lawmakers Override Gov’s Veto of Much Needed Medical Liability Reform
June 23rd, 2011
West Virginia’s Supreme Court of Appeals yesterday reaffirmed the constitutionality of the state’s reasonable limit on inherently subjective awards for pain and suffering in medical liability lawsuits. . . . → Read More: West Virginia Court Upholds Limit on Pain & Suffering Awards in Medical Liability Lawsuits
May 27th, 2011
Having defeated Gov. Andrew Cuomo’s modest medical liability reform proposals — including a $250,000 limit on noneconomic damages — earlier this year, New York’s trial lawyer-dominated legislature in Albany is now trying to take the already high-liability state’s law in the opposite direction . . . → Read More: Personal Injury Lawyers Love New York
May 10th, 2011
With the House Energy and Commerce Committee poised to begin marking up H.R. 5, the “Help Efficient, Accessible, Low-Cost, Timely Healthcare (HEALTH) Act of 2011,” the American Tort Reform Association has issued a paper its president says “makes a clear case that the legislation passes constitutional muster” . . . → Read More: ATRA Paper Makes Clear Case for Constitutionality of Federal Medical Liability Reform
April 27th, 2011
A new study reported by the New England Journal of Medicine indicates that nursing homes providing excellent care are nearly as likely to be sued as those providing lesser care, putting the lie to personal injury lawyers’ long-time claim that their lawsuits work to improve care, not just their personal fortunes . . . → Read More: Litigation Doesn’t Improve Nursing Home Care, And Barney Frank Is Ready to Support Tort Reform
March 31st, 2011
As the first quarter of 2011 draws to a close, it’s an appropriate time to update both some bad news and good news from once and future Judicial Hellholes . . . → Read More: Q1 Updates on Once and Future ‘Judicial Hellholes’
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