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: 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 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 another case illustrating the consolidation of the medical malpractice insurance industry. Other recent acquisitions include The Doctors Company acquiring APCapital and NORCAL acquiring Medicus Insurance. The question yet to be answered is what effect these acquisitions will have on the medical professional liability insurance industry. OMAHA, Neb. (AP) — Berkshire Hathaway’s […]

The James Madison Institute just released an interesting study entitled, Alternative Solutions to Florida’s Medical Malpractice System. The report begins by outlining nothing new: a flawed Florida tort system, physician liability insurance cases that take years to resolve, and awards that are dramatically inconsistent. It describes a system that discourages the reporting of errors and, […]

side note: Physicians in Wyoming pay moderate medical malpractice insurance rates. They may not be as affordable as the medical malpractice insurance rates in neighboring Idaho, but Wyoming has never had to worry about winding up on the American Tort Reform Association’s Annual Judicial Hellholes List. Unfortunately, after the recent case discussed in the below […]

Several states this year explored the possibility of placing damage caps on med mal damages, including Florida, Oregon and Virginia. A recent article in Claims Journal asked, “Can Damage Caps Limit Medical Malpractice Exposure?” The article reviews several sources of information that point to such a limit when damage caps are in place. The article […]

We all know that med mal lawsuits have a huge impact on physicians. They can be extremely expensive, both in terms of cost for litigation and payouts and also because they frequently result in higher liability insurance costs. They also cost a lot in terms of a physician’s time. But, a more difficult cost to […]

A press release distributed by the plaintiff’s attorneys Kearney, Freeman, Fogarty & Joshi, PLLC, just crossed my desk. In it, the plaintiff’s attorneys are advertising a new law in the state of Virginia that expands medical liability in cases where there is the wrongful death of a fetus. The press release concludes with: “Now, expectant […]