Professional Malpractice Insurance Constitutional Law

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Undoing MICRA

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

Florida Legislature Reforms Medical Malpractice Laws

Effective July 1, 2013, the Florida Senate passed legislation that clarifies when a non-defendant physician may retain legal representation when called as a witness and limited who may qualify as an expert witness in medical...more

Illinois Doctor Database Passed Under Overturned Medical MalPractice Law is Reinstituted

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



Privacy -- unlaw processing -- active subjects --...more

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

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 Strikes Down Caps on Damages

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

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