Latest Med-Mal Insurance News & Research
How Louisiana’s COVID Immunity Ruling Impacts Healthcare Providers and Medical Liability Cases
The Louisiana Court of Appeals decision that COVID-19 immunity cannot be considered during medical review panel proceedings has significant implications for healthcare providers. This ruling increases liability exposure during the panel process and highlights the importance of strong medical malpractice insurance. As providers face heightened risks in navigating medical liability cases, comprehensive malpractice coverage becomes […]
North Carolina Supreme Court Removes Precedent Shielding Nurses from Medical Liability Claims
The North Carolina Supreme Court recently overturned a 90-year-old precedent that shielded nurses from medical liability when working under a physician’s supervision. In the Connette v. Charlotte-Mecklenburg Hospital Authority case, the court ruled that nurses, including CRNAs, are now liable for their actions in medical malpractice cases. This decision significantly impacts nurse liability and highlights […]
Filed Ballot Initiatives Ask Colorado Voters to Decide Medical Malpractice Rules, Damage Cap
Plaintiff attorneys and healthcare/business leaders in Colorado recently filed competing ballot initiatives that will ask the state’s voters to decide in November the amount of recoverable damages in catastrophic injury and wrongful death lawsuits, whether certain records are accessible in medical malpractice litigation, whether to cap attorney fees at 25% of recovered damages, and whether […]
Florida Looks to Impose Noneconomic Damage Caps, End ‘Free Kill’ Law
A bill that would end a Florida law denying recoverable damages for certain wrongful death medical liability claims and impose noneconomic damage caps on medical malpractice awards cleared a key hurdle last month when it was approved by the state’s Senate Judiciary Committee. Florida Statute §768.21(8) currently restricts the recovery of damages in wrongful death […]
NY Gov Hochul Vetoes Bill Expanding Recoverable Wrongful Death Damages
New York Gov. Kathy Hochul vetoed for a second time the Grieving Families Act (GFA), a bill that would have expanded recoverable damages in wrongful death claims to include noneconomic damages. Under the current 177-year-old law, compensable damages in wrongful death actions are limited to economic loss only. New York and Alabama are the only […]
Policy Limits in Medical Malpractice Insurance: A Doctor’s Guide
Peace of mind is important when you’re caring for patients. Medical malpractice insurance protects you from lawsuits alleging negligence or mistakes, but understanding the details of your policy is crucial. Let’s delve into policy limits, and the maximum amount your insurance company will pay for a lawsuit against you. Breakdown of Policy Limits: Think of […]
Washington Supreme Court Overturns Medical Liability Statute of Repose
The Washington State Supreme Court ruled late last year that a statute barring medical liability lawsuits filed more than eight years after the date of injury — even if the patient is unable to determine the cause of their injury within that time frame — violates the state’s constitution. The case at hand, Bennett v. […]
Connecticut Supreme Court Narrows Scope of Physicians’ Immunity from Civil Liability During COVID
The Connecticut Supreme Court recently determined that the executive order by Gov. Ned Lamont granting medical professionals and healthcare facilities immunity from any medical malpractice actions related to care delivered during the state’s COVID-19 response did not apply in two medical malpractice cases. The first case, Mills v. Hartford HealthCare, involved the alleged wrongful death […]
Rate of ‘Serious Discipline’ of Physicians by State Medical Boards Drops from Previous Benchmark
A nationwide examination of disciplinary actions taken by state medical boards between 2019 and 2021 concluded that Michigan disciplined physician misconduct at a higher rate than any other state. Determined by the annual average number of “serious disciplinary actions” taken by each state’s medical board per 1,000 licensed physicians, Ohio ranked second, North Dakota third […]
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