The estate of Kathleen Valentini blames her health insurance company Group Health Inc. (GHI) and its utilization review process for her 2020 death from cancer. Attorneys for her estate argued that the insurer’s denial of prior authorization for an MRI constituted medical malpractice, a delay in diagnosis that led to the amputation of her hip, […]

Stakeholders in the decades-long battle over California’s noneconomic damages cap for medical liability jury verdicts announced they have reached a compromise between healthcare, legal and consumer advocates on legislation to modernize the Medical Injury Compensation Reform Act (MICRA). Signed into law in 1975, MICRA established a $250,000 cap on medical malpractice awards for things like […]

New research from the Physicians Advocacy Institute (PAI), a nonprofit physician advocacy organization, in conjunction with the healthcare consultancy Avalere Health, indicates almost three quarters (73.9%) of all U.S. physicians were employed by a hospital, health system or other corporate entity as of Jan. 1, 2022,  up from 69% at the same point last year. […]

AM Best maintained its negative outlook for the U.S. medical professional liability (MPL) insurance segment in 2022. In a Market Segment Outlook published recently, the global credit ratings agency cited the ongoing pressures of a depressed demand, rising loss cost trends, an increase in high-severity claims, social inflation and diminishing reserve redundancies as justification for continued […]

The 2022 Q3 #1 State Update can be found here. Missouri Considers Shrinking its Personal Injury Statute of Limitations Legislators in both chambers of the Missouri General Assembly are currently debating bills to shrink the state’s statute of limitations for personal injury claims from five to two years. Only Maine and South Dakota have longer […]

A growing number of state medical boards have been pushing back against the minority of healthcare professionals spreading dangerous COVID-19 disinformation and prescribing unproven coronavirus treatments. They are increasingly meeting resistance from conservative lawmakers. “Physicians who generate and spread COVID-19 vaccine misinformation or disinformation are risking disciplinary action by state medical boards, including the suspension […]

Iowa House Advances Bill with Hard Noneconomic Damage Cap The Labor Committee of the Iowa House of Representatives advanced legislation recently intended to combat the state’s worker shortage by reforming unemployment and tort laws. The bill is divided into two sections: one relates to unemployment insurance and the other would create a $1 million hard […]

The Florida Supreme Court approved earlier this year an amendment to the state’s rule of appellate procedure, a change that opponents say could block punitive damages in liability lawsuits. In a 6-1 decision, the justices adopted a rule change that permits a party to seek immediate appellate review of an order granting or denying a […]

New York Gov. Kathy Hochul unveiled her 2022-2023 Executive Budget in late 2021, which includes a more than $10 billion, multi-year investment in the state’s healthcare system. It also contains two proposals that would affect the medical liability community. The governor’s budget proposal would fund healthcare initiatives aimed at modernizing the state’s emergency medical services, […]