Medical Malpractice
MEDICAL MALPRACTICE CAP STRUCK DOWN BY MISSOURI SUPREME COURT
On July 31, 2012 the Missouri Supreme Court struck down a $350,000 cap on jury awards for noneconomic or “pain and suffering” damages in medical malpractice cases. The Missouri Supreme Court held that the law capping noneconomic damages violated a … Continue reading
NO EVIDENCE THAT CAPPING DAMAGE AWARDS HAS REDUCED HEALTHCARE COSTS
A new study conducted in part by the University of Texas law professor, Charles Silver, found no evidence that healthcare costs in Texas declined after a 2003 constitutional amendment capping medical malpractice damage awards. The study examined Medicare spending in … Continue reading
UNTRUTHS ABOUT HEALTHCARE AND MEDICAL MALPRACTICE SUITS
The direct costs of medical malpractice premiums, payouts, legal fees etc. amount to about one half of one percent of total US healthcare spending. This is compared to defensive medicine, tests and treatments doctors prescribe to protect themselves from lawsuits. … Continue reading
CHEAPER PLASTIC SURGERY MAY INCREASE MALPRACTICE LAWSUITS
CHEAPER PLASTIC SURGERY MAY INCREASE MALPRACTICE LAWSUITS Low-cost, high-volume cosmetic surgery centers are expanding across the country. Critics refer to this phenomenon as the commoditization of cosmetic surgery. Previously, cosmetic surgery procedures usually involved detailed consultations with a plastic surgeon … Continue reading
FEDERAL AGENCY RECOMMENDS BAN ON DRIVER CELL PHONE USAGE
FEDERAL AGENCY RECOMMENDS BAN ON DRIVER CELL PHONE USAGE National Transportation Safety Board Chairman, Deborah Hersman recently stated that states should ban all driver usage of cell phones and other portable electronic devices except in emergencies. The recommendation was unanimously … Continue reading
BIG BUSINESS LOBBYING EFFORTS
BIG BUSINESS LOBBYING EFFORTS Deep-pocketed, well-financed corporations increasingly dominate our political process. The American Tort Reform Association (ATRA) has received funding from corporate giants such as Altria, Dow Chemical, Aetna, Exxon, GEICO, State Farm, and Pfizer Pharmaceuticals. ATRA seeks to … Continue reading
HEALTH INSURANCE REIMBURSEMENT CLAIMS
HEALTH INSURANCE REIMBURSEMENT CLAIMS The Third Circuit Court of Appeals in U.S. Airways v. McCutchen (Case No. 10-3836) held that equitable defenses actually apply to ERISA reimbursement provisions. The Court of Appeals held in a published decision that “Congress intended … Continue reading
TORT REFORM MYTHS
TORT REFORM MYTHS Many people ignore the obvious truth about medical malpractice reform. Rural health care will never be improved by medical malpractice reform because liability concerns do not influence where a doctor practices within a state. If you have … Continue reading
TREATING PHYSICIAN NOT ENTITLED TO EXPERT WITNESS COMPENSATION
The Arizona Court of Appeals recently held doctors are not entitled to expert witness compensation in cases where they are called to testify regarding information they obtained during the treatment of a patient. The doctor is considered a witness. Although … Continue reading
