Latest Med-Mal Insurance News & Research
Pain and suffering: No medical malpractice caps in Iowa
side note: For all the commonsense reasons tort reform is advantageous to our society, there are instances of true medical malpractice that make the argument difficult. Here is one of those heartbreaking instances. Jan. 17–S chelley Sanders went into a Davenport hospital on her 35th birthday in 2003 to have her fallopian tubes tied, a […]
Maryland court of appeals affirms medical malpractice caps
side note: The Maryland Court of Appeals has upheld the state’s non-economic damage cap, but I’d be surprised if this is the last we hear of the case. The next likely step will be appealing to the state supreme court. This is the pattern played out in other states across the country. ANNAPOLIS — The […]
Tort reform predicted to decrease spending and increase revenues, CBO
side note: Here is an updated report on tort reform from the Congressional Budget Office. It’s interesting when a non-partisan entity examines these proposals. Too often than not, these are more for political gain by the legislators that sponsor the bill, than actually getting something accomplished. CCH.com The Congressional Budget Office (CBO) recently analyzed the […]
Senate Passes Patient Protection & Affordable Care Act without significant tort reform, elimination of anti-trust exemption
On Dec. 24, 2009, the United States Senate passed the Patient Protection & Affordable Care Act (H.R. 3590) by a party-line vote of 60 to 39. Endorsed by the American Medical Association, the landmark legislation seeks to strengthen the American healthcare system by expanding coverage and enhancing access to healthcare services. Of particular interest to […]
Medical negligence damage caps in Texas benefit only doctors, medical malpractice insurers
side note: There is no arguing that the Texas model of tort reform has not lowered medical malpractice insurance premiums. The question this author brings up is, “Who has been the prime beneficiary of the tort reforms? Because it isn’t the healthcare consumer.” Which of course was one of the main points why the average […]
Arizona toughens burden of proof in medical malpractice cases
side note: According to this article, the new Arizona law that makes it more difficult to sue for medical malpractice has been quite effective. Will it pass constitutional appeals? This has been a problem for States such as Illinois, Missouri and many others. ClinicalAdvisor.com An Arizona medical malpractice reform bill, which was signed into law […]
New Jersey Bill would limit rate hikes for medical malpractice insurance
side note: Here is a state-level attempt at reigning in medical malpractice insurance rate hikes. Could this be the model for the rest of the country? Only time will tell…… Bill would limit rate hikes for medical malpractice insurance TRENTON – The Senate Commerce Committee today approved a bill to limit how much medical-malpractice insurance […]
Lobbyist details health care bill’s sticking points
side note: The letter below details what one lobbyist believes will be the outcome of the healthcare reform debate. He says that healthcare reform will pass, but expects selling it to the American people will take longer than the president expects. A lobbyist close to the battles over federal health care reform predicted a bill […]
Graham, Chambliss seek to address medical malpractice with "Loser Pays" amendment
side note: Republicans are trying to kill the Affordable Care Act, but at the same time, they are trying to insert strong tort reforms in the legislation. Two senators want to add loser pays language to the bill, where the loser of a malpractice lawsuit would have to pay the legal costs of the other […]
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