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A New Hurdle for Medical Malpractice Claimants: Legislation Establishing Medical Review Panels Takes Effect in Kentucky

by Reminger Co., LPA on

In a step toward tort reform, on June 29, 2017, Senate Bill 4 was signed into law and went into effect in Kentucky as KRS 216C.005 et seq., establishing a requirement that all potential medical malpractice lawsuits first be...more

Fla. justices reject keystones of partisans’ plan to undercut patients’ rights

As congressional Republicans pursue their counter factual campaign this week to strip patients of their rights to pursue legal redress for harms they suffer while seeking medical services, the Florida Supreme Court has sent a...more

Trump Administration FY 2018 Budget and Healthcare Programs

by Holland & Knight LLP on

The Trump Administration released on May 23, 2017, its full Fiscal Year (FY) 2018 budget request, titled "A New Foundation for American Greatness." President Donald Trump's request builds off of the administration's March 16...more

Tort Reform Bill to Narrow Definition of Employee in Medical Negligence Actions

by Lathrop Gage on

SB 237 is a bill designed to limit the liability of hospitals and other healthcare providers for the actions or omissions of those who are not within a narrow definition of “employee.” SB 237 is designed as a legislative fix...more

Health Alert (Australia) March 6, 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth . Administrative Appeals Tribunal 28 February 2017 - Nairn and National Disability Insurance Scheme...more

GOP campaigning to strip patients of key legal protections

We all know how con artists work the streets. One might bump into you in a train or in a crosswalk, while the other grabs your wallet. Or one might smile and chat with a mom at a playground, while her partner nabs the purse....more

Shouldn’t Congress Try to Save Lives of Americans?

What kills between 250,000 and 440,000 people in the United States each year; 700 deaths per day? What is the third leading cause of death in America? Isn’t it one of the responsibilities of the US Congress to...more

Replacing The Affordable Care Act: A Reality Infusion

by Dentons on

During the course of his campaign, President-elect Donald Trump repeatedly promised to repeal and replace President Obama's signature legislation, the Affordable Care Act (ACA). Certainly the Republican Party's continuing...more

Health Alert (Australia) October 3, 2016

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Commonwealth. Fair Work Commission. 23 September 2016 - Francis Logan v Bendigo Health Care Group [2016] FWC 6780 -...more

Some Legislation of Interest

by Pessin Katz Law, P.A. on

With the end of the 2016 Maryland legislative session and the completion of bill signings by Governor Lawrence J. Hogan, Jr., PK Law highlights several bills of interest to our readers: HB 185: One of the few pieces of...more

Washington Healthcare Update

by McGuireWoods LLP on

This Week: The Affordable Care Act turned 6 years old on March 23... Four in ten voters say health care is extremely important when picking a President, according to a Kaiser Family Foundation’s new tracking poll......more

It’s an Election Year, So It’s Time for a Tort Reform Bill & Snappy Acronym

by Faegre Baker Daniels on

If it’s an election year, it must be time for someone in Congress to propose a tort reform bill and to come up with a snappy acronym—the more tortured, the better. And Rep. Trent Franks (R-Ariz.) has done just that, with...more

Catching up on developments posted on the blog

Some quick updates on stories I have been following: SENTENCING FOR DEADLY PAIN-MEDS DOC: An Orange County, CA., physician has been sentenced to 30 years to life imprisonment. She was convicted of murder for her...more

Doctors, Lawyers and the Controversial Prop 46

by Lewitt Hackman on

What's the most controversial measure on California's November ballot? The insurance regulation bill, Prop 45, may be a good contender – but more than likely the controversy over Proposition 46 will win the contest hands...more

Illinois Doctor Database Passed Under Overturned Medical MalPractice Law is Reinstituted

by Howard Ankin on

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

New Hampshire Governor Fights Subpoena Over Efforts to Dip Into Malpractice Fund to Reduce Budget Deficit

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

New Study Finds Doctors' Fear of Lawsuits Is Often Irrational and Misplaced

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

Report: Congress Should Focus on Curtailing Medical Errors, Not Patients’ Rights

by Robert Kraft on

According to an update of the National Practitioner Data Bank released recently, fewer medical malpractice payments were made on behalf of doctors in 2009 than any other year on record. This contradicts claims by some that...more

“Tort Reform” Won’t Fix Health Care

by Robert Kraft on

In an op-ed article in the Baltimore Sun, attorney Wayne M. Willoughby makes a convincing argument that “tort reform” is not the solution to high healthcare costs. Here are excerpts from the article: For months now,...more

“Tort Reform” Is a Desperate Distraction From Health Care Debate

by Robert Kraft on

This article was written for the Huffington Post by Anthony Tarricone, president of the American Association for Justice. Here are excerpts: Those opposed to real health care reform are flailing to come up with real,...more

Tort Reform Is Not The Answer

by Robert Kraft on

Tort reform is not the answer — that’s the headline of an editorial in the Des Moines Register. The editorial lays out the arguments in favor of tort reform as a way to save money on health care, but comes to this...more

Tort Reform – Not a Health Care Panacea

by Robert Kraft on

An editorial in the Salt Lake Tribune provides insight into the current debate on the effect of medical malpractice on the costs of health insurance. The editorial puts things into perspective by pointing out that the total...more

The Real Reason for “Excessive” Medical Tests

by Robert Kraft on

Today’s Dallas Morning News has an editorial regarding medical testing that is relevant to the current health care debate. In my experience, “excessive” medical testing has more to do with medical professionals wanting to...more

Health Care and the Myth of Tort Reform

by Robert Kraft on

The St. Louis Post-Dispatch has an interesting editorial commenting on the recommendations of some politicians to make “tort reform” a part of any new health care legislation. Those of us who have spent years involved in the...more

Obama To Study Medical Malpractice Claims

by Robert Kraft on

This article is from the New York Times, and describes a pilot program by the White House to study medical malpractice claims. Perhaps the money would be better spent studying the causes of medical malpractice itself, and...more

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