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March 24th, 2014

Five Florida Justices: ‘We Don’t Need No Stinkin’ Legislatures’

By striking down a 2003 statutory limit on awards for pain and suffering in lawsuits against health care providers, a five justices of the Florida Supreme Court earlier this month arrogantly and dangersouly disregarded the will of more than 2.5 million Florida voters. . . . → Read More: Five Florida Justices: ‘We Don’t Need No Stinkin’ Legislatures’

June 21st, 2013

Bad Decision on Arbitration from Florida Supreme Court May Rate a ‘Dishonorable Mention’

In stark contrast to a U.S. Supreme Court decision on the same day upholding an arbitration agreement, Florida’s notoriously trial lawyer-friendly high court yesterday overturned a lower court and threw out such an agreement freely entered into by a hernia patient and his surgeon . . . → Read More: Bad Decision on Arbitration from Florida Supreme Court May Rate a ‘Dishonorable Mention’

April 26th, 2013

NJ High Court Raises Bar for ‘Expert’ Testimony

In a decision that should reduce the number of meritless medical liability lawsuits filed in the Garden State, a unanimous New Jersey Supreme Court yesterday ruled that doctors called as expert witnesses on plaintiffs’ behalf must hold the same credentials as defendant physicians . . . → Read More: NJ High Court Raises Bar for ‘Expert’ Testimony

October 5th, 2012

Kansas Supreme Court Upholds Non-Economic Damages Limit

The Kansas Supreme Court today upheld a $250,000 limit on noneconomic damages that has been in place since 1988 . . . → Read More: Kansas Supreme Court Upholds Non-Economic Damages Limit

August 1st, 2012

ATRA Critical of Missouri High Court Decision Striking Down Limits on Noneconomic Damages

Reacting to the Missouri Supreme Court’s 4-3 decision yesterday to strike down a legislated limit of $350,000 for pain and suffering awards in medical liability lawsuits, ATRA today issued a news release, saying the court’s “activist majority has sided with personal injury lawyers over doctors and hospitals” . . . → Read More: ATRA Critical of Missouri High Court Decision Striking Down Limits on Noneconomic Damages

May 24th, 2012

New Jersey Facing Physician Shortage Crisis

New Jersey is treacherous ground for physicians and if legislators do not do something to fix the problem, the state will soon see a mass exodus of doctors. . . . → Read More: New Jersey Facing Physician Shortage Crisis

May 10th, 2012

Even in Philadelphia, ‘Progress Is Possible’

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

Medical Liability Reform Having Great Desired Effects in North Carolina and Ohio

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

Once & Future ‘Judicial Hellholes’ Dominate New List of States with Highest Medical Lawsuit Payouts

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

Where is the Obama Administration’s Pledged Commitment to Medical Liability Reform?

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 Supreme Court Joins Growing Number of State High Courts Upholding Limits on Medical Liability Damages

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

Good News from the Eastern District of Texas: Reasonable Limits on Noneconomic Damages Upheld as Constitutional

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 Spurring Costly Trend toward More Giant-Sized Medical Liability Awards

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

Florida Bill Seeks Greater Legal Protections for Health Care Providers

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

‘Sue’ York City’s Corporation Counsel Calls for Tort Reform

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

New York: Good, Bad & Ugly

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

‘Astronomically High’ Nursing Home Verdict Maintains West Virginia’s ‘Hellhole’ Reputation

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

‘Phantom Damages’ Case Pending in California Will Influence State’s ‘Hellhole’ Reputation

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

Reasonable Limit on ‘Pain & Suffering’ Awards Working in Mississippi

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

NC Lawmakers Override Gov’s Veto of Much Needed Medical Liability Reform

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