side note: New York is one of the states using funds designated by the Patient Protection & Affordable Care Act to set-up alternative resolution models for medical malpractice cases. One of the more popular ideas — a specific court for medical malpractice cases — was launched in the state on Sept. 1. It will be […]

Side Note: Last week we talked about the uniqueness of the emergency room –specifically, how the acuteness of the patient’s situation, paired with the lack of a medical record, often produces a situation ripe with liability exposure and potential medical malpractice. Today, we face a similar situation –how pharmacists in New Hampshire are being allowed […]

side note: This is a big deal in terms of the interpretation of tort reforms. The Maine Supreme Court has essentially voided the state’s statute of limitations with a new interpretation of the “continuing negligent action doctrine.” As the defense counsel stated: This ruling will “inevitably have the effect of making medical malpractice litigation more […]

side note: This is the Illinois story that keeps on giving. Last year, the Chicago Tribune did an investigative article where it was discovered an appalling number of Illinois doctors practicing with convictions on their record for sex crimes or violent acts against patients. This led directly to the passage and implementation of House Bill […]

Side Note: A new study shows that almost 60% of med mal cases in the state of Massachusetts are eventually dropped by plaintiffs. If you’re a Massachusetts physician, that’s good news and bad news. It’s good news because the case against you was dropped, but bad news because you were put through quite a bit […]

side note: This story really hits home how  successful medical malpractice tort reform has been in Texas. In this case, the provider of laser hair removal is arguing that a claim against it should be considered “medical malpractice” and not an ordinary claim of negligence. Why would the provider of laser hair removal WANT to […]

side note: California’s MICRA Act has been considered the gold standard of tort reform since 1975, but Texas’ 2003 medical liability tort reforms built on California’s law and upped the ante. And the results have been amazing. The article below purports that in the wake of the Lone Star State’s 2003 reforms, the number of […]

side note: Could this be a judicial “make good”? After neutering the majority of Illinois’ medical malpractice tort reforms when it deemed the state’s cap on non-economic damages unconstitutional two years ago, Illinois’ highest court more clearly defined the role of expert testimony in medical professional liability lawsuits this month. The question is whether this […]

side note: This is a ruling that could have significant impact on the cost of medical liability insurance in Ohio. In this case, an appellate court found that the state’s statute of repose was unconstitutional. Like a statute of limitations, a statute of repose imposes a deadline for filing a claim. In Ohio, the statute […]