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Florida Supreme Court’s Decision in McCall v. U.S:

- Determined that the statutory caps on wrongful death non-economic damages (i.e., mental pain and suffering) provided in Section 766.118, Florida Statutes were unconstitutional because they violated the right to equal...more

Florida Supreme Court Holds Statutory Cap on Non-Economic Wrongful Death Damages in Medical Malpractice Actions Violates the...

In Estate of Michelle Evette McCall, et. al. v. United States of America, SC11-1148 (Fla. 2014), the Florida Supreme Court decided the following certified question: Does The Statutory Cap On Wrongful Death Noneconomic...more

Florida High Court to Examine Retroactive Application of Noneconomic Damages Cap in Med Mal Cases

On October 15, 2013, the Florida Supreme Court accepted review of a case to decide whether the retroactive application of the cap on noneconomic damages for certain medical malpractice cases found in section 766.118, Florida...more

Florida High Court Upholds Florida's Birth Injury Compensation Plan (NICA)

Last term, the Florida Supreme Court upheld the constitutionality of a state plan that provides up to $100,000 to the parents or legal guardians of an infant found to have sustained a birth-related neurological injury. See...more

Indiana Supreme Court Weighs In on Medical Malpractice Filing Deadline

This week we talk about the Indiana Supreme Court decision Miller v. Dobbs that held, for purposes of the statute of limitations, that a medical malpractice action is filed with the Department of Insurance when the complaint...more

Indiana Supreme Court Upholds Punitive Damages Statute

This week's post explores last week's Indiana Supreme Court decision State v. Doe that upheld the punitive damages statutory cap and allocation of 75% of any award to the state. We also take a look at what this decision...more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of...more

Appellate Notes: Week of April 1, 2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric...more

Causes Of Medical Malpractice Birth Injuries

In 2011, a Michigan jury awarded $144 million to Kimberly Van Slembrouk for the injuries caused by Beaumont Hospital to her baby daughter during birth. The baby suffered irrevocable injuries when the hospital staff declined...more

Medical Malpractice Reform Being Considered In Georgia

Georgia adopted reforms of the tort laws regarding medical malpractice in 2005. However some doctors believe that these changes did not go far enough in addressing the issue of medical malpractice lawsuits in the state. They...more

Malpractice Proposal Is Justice Denied

A proposal under discussion in the South to dispense with juries in favor of a government agency to rule on medical malpractice is just the latest in a series of wrongheaded efforts to deprive victims of medical errors of...more

Major Medical Malpractice Decision: Robertson v. B.O.

This week's article takes a look at the major Indiana Supreme Court decision in Robertson v. B.O. holding that where the healthcare provider has settled the case the Patient's Compensation Fund cannot contest liability....more

Weekly Law Resume - September 6, 2012: Third Party Settlement – the Common Law Release Rule

Aidan Ming-Ho Leung v. Verdugo Hills Hospital California Supreme Court (August 23, 2012) Where one tortfeasor settles with the plaintiff, but fails to obtain a good faith settlement, the common law rule relating to...more

Court Finds Hospital Can be Liable Where Doctors Were Apparent Agents and Claims Against the Doctors Could No Longer be Brought

This article discusses the recent decision by the Indiana Court of Appeals holding that a plaintiff's medical malpractice case against a hospital can proceed to trial where the doctors were apparent agents of the hospital and...more

New Decision Provides No Clear Answer to Complex Medical Malpractice Issue

This article discusses the recent Indiana Court of Appeals decision in Miller v. Dobbs that dealt with a very complicated procedural issue of Indiana Medical Malpractice law and resulted in an even more confusing result....more

TX Attempt at Medical Malpractice Tort Reform Fails

Since 2003, Texas has enforced a strict cap on damages awarded through medical malpractice cases. Texas is one example of how tort reforms hurt the public and strengthen the insurance industry. A recent report on the changes...more

Torts

UPDATED THROUGH SEPTEMBER 4, 2012 Medical Malpractice – Harmless Error. Question certified: To avoid a new trial in a civil case, does the beneficiary of the error in the trial court have to show on appeal that it is...more

Uninsured Hospitals Compound Potential Patient Malpractice Harm

Suppose you need gall bladder surgery. Suppose there’s a prestigious urban teaching hospital nearby with lots of famous doctors and researchers who get a lot of media attention for all the ground-breaking work they do....more

Admissibility of Social Security Disability Determination as Evidence of Causation in a Civil Suit

Counsel defending serious toxic exposure or personal injury claims are often faced with a determination by the Social Security Administration (SSA) that the plaintiff is disabled. More importantly, the finding will often...more

Weekly Law Resume - June 7, 2012: Defendant in a Personal Injury Action Must Prove Each of the Elements of a Claim for Medical...

Katerina Chakalis v. Elevator Solutions, Inc., et al. Court of Appeal, Second District (May 18, 2012) In Wylson v. Rittl (2003) 105 Cal.App.4th 361, the court held that a non-party medical doctor cannot be found...more

Roberts v. McAfee, Inc.: Backdating-Related Malicious Prosecution Claim Dismissed

The United States Ninth Circuit Court of Appeals has issued an important decision underscoring how serious an obstacle the element of lack of probable cause can be in trying to establish a claim of malicious prosecuton. ...more

How to Complain Effectively about Unsafe Medical Care

If you believe your care provider has caused serious harm by negligence or malpractice, consult an attorney about legal relief. But that’s using a machete, and sometimes the job requires a butter knife. If you have a...more

Conservative Group Says Capping Patients' Malpractice Damages Could Encourage Unsafe Medical Care

The conservative Cato Institute is out with a new study arguing that putting limits on malpractice verdicts could be doubly bad for patients. It could result in both inadequate compensation for victims of malpractice, and...more

Weekly Law Resume - September 29, 2011: Torts-Vicarious Liability-Joint Tortfeasors

PacifiCare of California, et al. v. Bright Medical Associates, Inc. Court of Appeals, Fourth District (September 2, 2011) Code of Civil Procedure Section 877.6 provides that one defendant who is a "joint tortfeasor" may...more

Weekly Law Resume - August 18, 2011 - Elder Abuse-Standards for Neglect

Elaine Carter, et. al. v. Prime Healthcare Paradise Valley, LLC Court of Appeal, Fourth District (August 12, 2011) This case considers the factors that must be present for conduct to constitute neglect within the meaning...more

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