Insurance Limits and Case Value - A Clear Correlation?
Taking A Proactive Approach to Cyber Security
Underwriting: Art or Science?
Medical PL Risks in Retail Healthcare
Physician Considerations When Prescribing Medical Marijuana
Electronic Medical Records: Help or Hindrance?
Technology in Healthcare
Prior & Pending Litigation
Is Private/Non-Profit D&O Coverage Under Priced?
Polsinelli Podcasts - What Employers Need to Know about Mediation and Arbitration
"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
The Evolution of Informed Consent in U.S. Courts
What patients misunderstand about their right of informed consent
Only in DC: Ethics Rule Permits Non-lawyers to Own Law Firms
Next Accreditation System – Interview with Andy Roth, Member, Mintz Levin
Our reports on the oral arguments from the May term of the Illinois Supreme Court continue with Goldfine v. Barack, Ferrazzano, Kirschbaum and Perlman. Goldfine poses a number of issues about legal malpractice actions arising...more
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
- 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
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
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
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
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
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
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
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
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
La responsabilita' professionale dello psichiatra non si differenzia da quella degli altri medici....more
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
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
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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