Caps on Medical Malpractice Damages Do Not Lower Insurance Premiums or Healthcare Costs by Collins & Collins, P.C. on 4/27/2012 An article in the National Journal last year reported that medical mistakes cost the nation's health care system tens of billions of dollars every year. Unfortunately, instead of getting serious about eliminating those...more
“The application of ‘proportionality’ has not reduced costs.” Discuss. by David Hill on 4/10/2012 Short Essay describing the application of the concept of 'proportionality' in the English Legal Costs System. The essay outlines the areas where the concept has reduced legal costs, and where it has not....more
Carrier Not Vicariously Liable to Insured for Subrogation Attorney's Misrepresentations by Sedgwick LLP on 3/16/2012 In Sandman v. Quincy Mut. Fire Ins. Co., 2012 WL 181761 (Mass. App. Ct. Jan. 25, 2012), the Appeals Court of Massachusetts affirmed the trial court's grant of Quincy Mutual Fire Insurance Co.'s motion to dismiss for failure...more
Mary Rosskamp v. Prudential Insurance Company of America Complaint by Law Offices James P Koch on 2/24/2012 Complaint for declaratory relief filed in ERISA action to determine beneficiary's entitlement to accidental death benefits. ...more
Cintron v. DEFENDANT HOSPITAL Pre trial dismissal of high exposure medical malpractice actions provides tremendous cost savings to medical malpractice insurance... by Aryeh Klonsky on 2/16/2012 Esther Widowski and Aryeh Klonsky of Widowski Law Group LLP successfully argued that defendant established its entitlement to summary judgment by showing that the treatment provided to plaintiff comported with good and...more
Texas Court Considers Prior Acts Condition in Professional Liability Policy by Traub Lieberman Straus & Shrewsberry LLP on 2/10/2012 In its recent decision in Darwin Select Ins. Co. v. Laminack, 2012 U.S. Dist. LEXIS 15712 (S.D. Tex. Feb. 8, 2012), the United States District Court for the Southern District of Texas had occasion to consider the scope of...more
New York Court Addresses Impact of Allowing Insured to Default by Traub Lieberman Straus & Shrewsberry LLP on 1/13/2012 The recent decision by New York’s Appellate Division, First Department, in K2 Investment Group, LLC v. American Guarantee & Liability Ins. Co., 2012 N.Y. App. Div. LEXIS 16 (Jan. 3, 2012) illustrates the dangers under New...more
How the Health Care and Insurance Industries Work to Limit Your Legal Rights by Lawyers.com on 11/22/2011 This is part two of a three-part series. The first part appeared yesterday on the Lawyers.com Blog. Washington, D.C., may seem far away, but a tort reform bill under consideration by Congress will affect you if you are...more
Healthcare Legal News - November 7, 2011 • Volume 1, Number 4 by Dickinson Wright on 11/18/2011 In This Issue: - Further Erosion in Healthcare Reform - Labor & Employment News: Should Your Organization Have An Affirmative Action Plan? Recent Decision Requires Hospitals To Re-Evaluate Whether They Are Subject To...more
The Psychological Transference Phenomenon: Healthcare Professional Liability Coverage by Collins & Lacy, P.C. on 11/8/2011 Collins & Lacy Attorney Lee Floyd addresses the phenomenon of psychological transference from the professional liability coverage aspect for healthcare providers. ...more
81-Year-Old Dentist Defiant After Settling Teen Death Lawsuit by Lawyers.com on 11/4/2011 An aged dentist remains defiant after his malpractice insurer paid out $1 million to the parents of the young girl who died after anesthesia in his office. He claims he's settled nothing, and that he's demanded an...more
Illinois Doctor Database Passed Under Overturned Medical MalPractice Law is Reinstituted by Howard Ankin on 11/2/2011 Last year, Illinois lawmakers passed a comprehensive medical care reform bill that imposed a cap in medical malpractice cases. As explained at the PopTort, when that law was overturned as unconstitutional, a number of other...more
Brooklyn Medical Malpractice Lawyer from The Perecman Firm Comments on Baby’s Death from a Lethal Dose of Antibiotics at a... by The Perecman Firm on 11/1/2011 Brooklyn medical malpractice lawyer David Perecman comments on the death of a six-month-old baby at Brookdale University Hospital. Baby Amaan Ahmmad died after medical staff mistakenly gave him an adult dose of...more
Can Nurses Provide Medical Causation Opinions? by Christian Staples on 10/18/2011 A review of some of the court cases addressing the admissibility of nurses' medical causation opinions and an analysis of the underlying rationales that dictated the cases' outcomes....more
Motion to Dismiss Insurance Agent Denied Due to “Special Duty” Issue by Sedgwick LLP on 10/11/2011 In a U.S. District Court action brought against Allstate and one of its insurance agents alleging the negligent underinsurance of a residence destroyed by fire, Allstate filed a Rule 12(b)(6) motion seeking the dismissal of...more