Professional Malpractice, Constitutional Law, Health 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

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

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

When Negligence Becomes Deliberate

by Jingna Zhao on 8/26/2011

When pharmacists actively obstruct access to birth control, what are the appropriate legal measures to take in protecting the patient's rights to basic health care while respecting a pharmacist's rights to free speech? This...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

IL CONSENSO INFORMATO IN PSICHIATRIA

by Flavio Stella on 6/28/2011

La prassi clinica e psichiatrica non può e non deve discostarsi da quelli che sono i fondamenti legali e disciplinari della relativa competenza specialistica....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

President Obama and Medical Malpractice Reform

by Howard Ankin on 3/14/2011

Last month, in a move that many trial attorneys believe will reduce the quality of patient care, President Obama submitted a budget that calls for a major revamping of medical malpractice laws. As explained in this NPR...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

Our Tax Dollars to Study "Tort Reform" - What About Patient Safety?

by Regan, Zambri & Long, PLLC on 7/29/2010

Massachusetts obtained a $3 million grant to study "alternatives" to a consumer's 7th Amendment right to a jury trial when it comes medical malpractice claims. The grant is part of a U.S. Department of Health and Human...more

90 Day Pre-Suit Notice for Professional Negligence Claims Ruled Unconstitutional by Washington Supreme Court

by Lane Powell PC - Health Care Law on 7/8/2010

In yet another recent set-back to health care providers, the Washington Supreme Court ruled last week that RCW 7.70.100(1), which requires that a 90 day pre-suit notice be provided prior to filing professional negligence...more

Supreme Court of Georgia Addresses the Constitutionality of Key Provisions of the Georgia Tort Reform Act of 2005

by Sutherland Asbill & Brennan LLP on 3/31/2010

Recently, the Supreme Court of Georgia issued three opinions on the constitutionality of key provisions of the Georgia Tort Reform Act of 2005. In separate cases, the Court upheld the constitutionality of a “gross...more

ILLINOIS SUPREME COURT CLOBBERS (TORT REFORM) CAPS.

by Gregory Piche on 2/6/2010

Illinois Supreme Courts bucks the trend and finds that tort reform malpractice liability caps violate the separation of powers clause of the Illinois constitution....more

Illinois Supreme Court Strikes Down Caps on Damages

by Steven Pietrick on 2/5/2010

This is a description of the Illinois Supreme Court's recent decision holding that the statutory caps on non-economic damages awarded in medical malpractice cases is unconstitutional as a violation of the separation of powers...more

MONTANA AFFIRMS RIGHT TO PHYSICIAN ASSISTED SUICIDE-THROUGH STATUTORY, NOT CONSTITUTIONAL, ANALYSIS.

by Gregory Piche on 1/1/2010

The Montana Supreme Court ducks issue of whether the State Constitution provides a right to die with dignity by holding that physician assisted suicide is no prohibited by state statutes....more

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Professional Malpractice › Constitutional Law › Health Law