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 […]

side note: Since 1975, California’s MICRA Tort Reforms, which include a $250,000 cap on non-economic damages, has been the gold standard of tort reforms for more than 35 years. It has been tested in the state’s court system regularly, and most recently, an appellate court decision that reduced a $6 million jury award to the […]

side note: This story is interesting because it illustrates the Catch-22 the Republican party faces with tort reform. The modern Republican party has aligned itself with libertarian and small-government, states’ rights proponents. They have also aligned themselves with the business and physician communities. The former think that the federal government has no right to impose […]

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: This is a topic that I’ve posted about several times. As the epidemic of prescription drug abuse grows at an exponential rate, doctors can expect greater police interest in their prescribing practices. Not only can prescribing powerful medicines to addicts be considered medical malpractice, it can be prosecuted as criminal negligence. Prescription drug […]

Side Note: A newer form of medical liability is becoming more and more of a threat for physicians and it has nothing to do with the doctor-patient encounter. This new liability, which is sometimes covered under a physician’s med mal policy and sometimes is not covered, has to do with the patient’s electronic medical records […]

side note: Cyber liability is an emerging trend in medical malpractice insurance policies. As technology advances, and new government regulations require medical records to be both maintained in a digital format and electronically available to other doctors in the health chain, the chances of a privacy breech has increased dramatically. Many medical malpractice policies now […]

side note: On Sept. 1, a series of tort reforms—signed into law in May—intended to expedite the resolution of lawsuits and discourage plaintiffs from filing non-meritorious actions went into effect. These new reforms are in addition to the already stringent reforms enacted in 2003. Following is a closer look at the new regulations concerning lawsuits […]

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 […]