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Wisconsin appeals court rejects legal changes that GOP seeks nationally

Even as congressional Republicans advance their counter-factual campaign to strip patients who have been harmed while seeking medical services of their rights to seek legal redress, another state appeals court has rejected...more

Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

by Reminger Co., LPA on

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

Undoing MICRA

by Buchalter on

It has been over thirty-five years since California became a leader in healthcare reform, addressing the malpractice insurance crisis in a measured way. In 1975, the Medical Injury Compensation Reform Act (“MICRA”) capped...more

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

Indiana Supreme Court Upholds Punitive Damages Statute

by Pavlack Law, LLC on

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

The Enduring Myth of Medical Malpractice Reform

Sometimes it seems like the drive to control the amount of damages awarded for medical malpractice is on some kind of political message loop. Often called “tort reform,” it frequently is fodder in election campaigns, and is...more

Do Damage Cap Laws Pass Constitutional Muster?

by Howard Ankin on

Nearly 30 states currently limit the amount of damages that can be received in a medical malpractice lawsuit, according to the American Medical Association. States with damage caps vary wildly in their limitations and the...more

La responsabilità' professionale dello psichiatra

by Flavio Stella on

La responsabilita' professionale dello psichiatra non si differenzia da quella degli altri medici....more

Why We Can't Sue Our Way to Prosperity

by Dechert LLP on

The House Judiciary Committee's Subcommittee on the Constitution held a hearing earlier this week on "Can We Sue Our Way to Prosperity?: Litigation's Effect on America's Global Competitiveness." Speakers included a public...more

Louisiana Appeals Court Rejects Malpractice Cap in Tragic Case of Child Cancer Victim

The Third Circuit Court of Appeal in Louisiana has ruled the state’s $500,000 malpractice cap to be unconstitutional. Joe and Helena Oliver had sought relief from the Louisiana Medical Malpractice Act, which shrank the...more

Illinois Supreme Court Holds Medical Malpractice Cap Law Unconstitutional

by Howard Ankin on

Last Thursday, in LeBron vs. Gottlieb Memorial Hospitalt, Docket No. 105741, the Illinois Supreme Court struck down the state’s medical malpractice law, which imposed caps on damages awarded to victims. The now-overturned...more

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