Professional Malpractice, Civil Remedies, Constitutional Law

Tort Reform Limiting Medical Malpractice Awards in Texas: It Ain’t Workin’

by Rowley Chapman & Barney, Ltd. on 9/26/2012

Health care costs in Texas did not drop after passage of a 2003 constitutional amendment limiting medical malpractice awards, despite promises made to voters by tort reform supporters....more

Missouri Tort Reform Law Struck Down

by Lawyers.com on 8/2/2012

In a victory for consumers, the Missouri Supreme Court this week threw out a state law capping non-economic losses for victims of medical malpractice. The 2005 tort reform law that limited jury awards for pain and suffering...more

The Enduring Myth of Medical Malpractice Reform

by Patrick Malone & Associates P.C. | DC Injury... on 7/30/2012

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

Thayer v. Kabateck Brown Keller LLP: Law Firm Prevails on Anti-SLAPP Motion Against Non-Client Who Sued the Firm in Connection...

by Sedgwick LLP on 7/23/2012

On the appeal of a ruling on an anti-SLAPP motion, the California Court of Appeal (First Appellate District, Division Two) recently held that a plaintiff had no standing to sue a law firm for its alleged improper handling of...more

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

Florida Supreme Court to Decide on Damages Caps

by Lawyers.com on 2/24/2012

The health care debate is heating up in Florida as the state’s highest court weighs the constitutionality of a law that places caps on non-economic damages in medical malpractice cases. The case, known as McCall v....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

Do Damage Cap Laws Pass Constitutional Muster?

by Howard Ankin on 12/1/2011

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

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

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

by Sedgwick LLP on 11/11/2011

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

Editor's Choice: Jury Awards Edition - October 21, 2011

by Lawyers.com on 10/24/2011

Here are some items straight from the courtroom that might interest you: • Benzene exposure leads to $7.5 million jury verdict for truck driver's family. Rick Lewis was a gas tanker driver for Kinder Morgan Energy...more

La responsabilità' professionale dello psichiatra

by Flavio Stella on 7/1/2011

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 5/30/2011

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

by Patrick Malone & Associates P.C. | DC Injury... on 12/16/2010

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 2/12/2010

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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Professional Malpractice › Civil Remedies › Constitutional Law