Three States’ Supreme Courts Take on Malpractice Caps by Lawyers.com on 4/5/2012 The medical professionals who let a Florida mother bleed to death after giving birth, as well as those whose negligence led to disabling brain injuries in a Missouri boy, could learn that their errors will cost them much more...more
Rick Santorum's (and the GOP's) Damage Cap Problem by Patrick Malone & Associates P.C. | DC Injury... on 2/1/2012 Rick Santorum is not the first politician to be caught in a "Do as I say, not as I did" moment. So when it came out this weekend that Santorum had asked for more damages in his wife's medical malpractice...more
Rick Santorum's (and the GOP's) Damage Cap Problem by Patrick Malone & Associates P.C. | DC Injury... on 2/1/2012 Rick Santorum is not the first politician to be caught in a "Do as I say, not as I did" moment. So when it came out this weekend that Santorum had asked for more damages in his wife's medical malpractice...more
Arkansas Supreme Court Strikes Down “Tort Reform” Law by Lawyers.com on 1/30/2012 The Arkansas Supreme Court put the state’s legislature in its place with its decision in a recent medical malpractice case. On Jan 19, the state’s highest court struck down provisions of the controversial 2003 Civil Justice...more
Medical Malpractice in Illinois - Caps Gone but Debate Continues by Lawyers.com on 11/29/2011 In the nearly two years since the Illinois state Supreme Court struck down caps on noneconomic damages in medical malpractice suits, there's been no explosion in medical malpractice suits, payouts nor any evidence that they...more
How Your Elected Legislators Have Chiseled Away Your Legal Rights by Lawyers.com on 11/21/2011 Part one of a three-part series. There is a battle being fought at the highest levels of government over your right to file a medical malpractice or defective drug lawsuit. On the one hand are pro-business groups that...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
Should Veterans Have the Right to Sue for Negligence in Military Hospitals? by Robert Kraft on 7/6/2011 Since 1950, U.S. veterans have been unable to make claims for medical malpractice committed in military hospitals. This seemingly unfair rule was decided in a U.S. Supreme Court case referred to by the Plaintiff’s name,...more
Tort Reform Won’t Address Huge Regional Disparities in Malpractice Insurance Fees by Patrick Malone & Associates P.C. | DC Injury... on 6/15/2011 Physician groups and health insurers often blame excessive malpractice settlements for the high rates that doctors have to pay to obtain malpractice liability insurance. But a recent analysis indicates that regional...more
New Hampshire Governor Fights Subpoena Over Efforts to Dip Into Malpractice Fund to Reduce Budget Deficit by Patrick Malone & Associates P.C. | DC Injury... on 4/14/2011 The governor and attorney general of New Hampshire are fighting a subpoena to testify about state efforts to take $110 million from a malpractice fund to plug a budget hole. Policyholders of the medical malpractice Joint...more
Congressman Who Sponsors Limits On Medical Malpractice Lawsuits Has History Of Suspect Care by Jonathan Rosenfeld - Nursing Home Abuse on 3/3/2011 For some reason there's an ongoing belief amongst some conservative politicians that imposing arbitrary limits on the amount an injured person can recover from a negligent doctor, hospital or pharmaceutical giant is good...more
Medical Malpractice Reform Harms Patients and the Taxpaying Public by Collins & Collins, P.C. on 2/24/2011 Medical malpractice reform is all the rage in politics these days. President Obama even seems to have jumped on the bandwagon. Many states are lining up to pass their own versions of medical malpractice caps under the guise...more
Malpractice Victims Respond to Myth of "Frivolous Lawsuits" by Patrick Malone & Associates P.C. | DC Injury... on 1/31/2011 Dear President Obama: On March 1, 2010, the undersigned five survivors of medical negligence and family members had the honor of meeting with the White House Office of Public Engagement about the issue of medical...more
Hot Coffee and the Medical Malpractice Myth by Collins & Collins, P.C. on 1/31/2011 It seems that caps on medical malpractice claims are used for political capital by every stripe of politician. Most every political campaign will involve a call for medical malpractice caps even if only by token gesture. Even...more
New Study Finds Doctors' Fear of Lawsuits Is Often Irrational and Misplaced by Patrick Malone & Associates P.C. | DC Injury... on 12/17/2010 One reason the medical industry keeps pushing for lawsuit "reforms" is that if it's harder for patients to sue doctors for malpractice, doctors will then practice less "defensive medicine" and that will save a lot of money...more