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Challenges to the Constitutionality of Indiana’s Med Mal Caps Continue Despite a Recent Legislative Compromise

Indiana’s Medical Malpractice Act’s caps on damages have survived constitutional challenges since their inception in 1975. In 1980, the Indiana Supreme Court, in Johnson v. St. Vincent Hosp., Inc., 273 Ind. 374, 404 N.E.2d...more

4th DCA Confirms Florida’s Adoption of the Daubert Standard for Expert Witness Testimony in Florida State Court Applies...

Florida's Fourth District Court of Appeal recently was the third District Court of Appeal to rule on a lingering question left in the wake of the adoption of 2013 legislative amendments to the Florida Evidence Code regarding...more

$70 million assessed against J&J for boy who grew breasts from Risperdal

A Tennessee teen-ager suffered such emotional distress after growing enlarged breasts as an undisclosed side-effect of an anti-psychotic medication that the drug’s maker should pay him $70 million in damages, a Philadelphia...more

Medical Litigation Newsletter - Spring 2016

Reducing Monetary Recovery in “Lost Chance Of [Medical] Recovery” Cases - In medical malpractice cases involving solely “iatrogenic” loss (e.g., harm of or relating to medical treatment), plaintiff bears the burden of...more

Health Alert (Australia) - February 15, 2016

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments JUDGMENTS Western Australia 8 February 2016 - Martin V Minister for Health [2016] WADC 15 Mr Martin...more

Health Alert (Australia) - October 5, 2015

In This Issue: - Judgments; Legislation; and Reports. - Excerpt from Judgments: Victoria. Epichealth Pty Ltd v Yang [2015] VSC 516 The Supreme Court has granted an interlocutory...more

Medical Malpractice Damage Caps — A Balance of Justice

In a recent landmark decision for the citizens in the State of Florida, Florida’s Fourth District Court of Appeals, the appellate court for Palm Beach, Broward, and the counties to their north, issued an opinion finding the...more

ABA Hijinks – Defeat the Resolution Supporting Unlimited Punitive Damages

Most of us are members of the American Bar Association. Some of us are more active than others. At one extreme, Bexis has been in what the ABA calls “leadership,” as editor of the Mass Torts Newsletter, for some 15 years. ...more

NJ Appeals Court Upends Nursing Home Negligence Suit

In a decision with far-reaching ramifications for long-term care litigation, the Superior Court of New Jersey, Appellate Division held that § 30:13-4.2 of the Nursing Home Responsibilities and Residents’ Rights Act (NHA) does...more

Awards of Attorneys’ Fees: How to Determine Whether Your Case “Arises Out of Contract” Under Arizona’s Fee Statute

Evaluating risk before mediation or trial often requires an assessment of whether the prevailing party will be awarded its attorneys’ fees. Pursuant to A.R.S. § 12-341.01, attorney fees are only awarded when the action...more

"Damages" in an Injury Lawsuit: An Introduction for Lay People

Anyone who has survived a serious injury caused by someone else's fault wants to know what the legal system provides by way of hard dollars. In this video, attorney Alfred Clarke explains the different types of "damages" an...more

Fewer Medical Malpractice Lawsuits Means Victims Go Uncompensated

Notable Declines in Medical Negligence Litigation - Medical malpractice laws exist so that victims of negligence can seek financial compensation for their injuries. When a healthcare professional behaves negligently, the law understands that victims can suffer serious personal injuries and should be able to receive financial compensation for these damages. However, victims of medical negligence in Philadelphia, Pennsylvania—and throughout the entire country—may be going uncompensated, according to a recent article in Philly.com.more

“Uncollectibility” Is an Affirmative Defense to Legal Malpractice Claims in Washington

The Washington Supreme Court addressed two issues of first impression regarding legal malpractice claims in Schmidt v. Coogan, No. 88460-9, (October 9, 2014) and held: (1) that “uncollectibility” is an affirmative defense to a claim of legal malpractice, and (2) emotional distress damages are not available in a legal malpractice claim based upon a lawyer’s failure to timely file a lawsuit.more

Appellate Court Notes

SC18942, SC18993, SC18994 - Perry v. Perry - Attorney appointed for a minor child cannot appeal the trial court’s award of only a portion of her fees w/o trial court permission. But that same attorney has personal standing to appeal the refusal of the trial court to award her legal fees for the attorney that she had to hire to fend off attacks from one of the spouses even though she was not a “party” to the proceedings. more

Understanding the Relationship Between Medicare and Medicaid Liens and Litigation

Behind many personal injury and professional malpractice cases lurks a nagging reality that will almost always impact settlement negotiations – a Medicare or Medicaid lien. In general, a lien is a security interest granted over property to enforce payment of a debt.more

Florida Supreme Court’s Decision in McCall v. U.S:

- 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 protection under Article I, Section 2 of the Florida Constitutionmore

Florida High Court to Examine Retroactive Application of Noneconomic Damages Cap in Med Mal Cases

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 Statutes is constitutional. See Weingrad v Miles, 29 So. 3d 406 (Fla. 3d DCA 2010). more

Florida High Court Upholds Florida's Birth Injury Compensation Plan (NICA)

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 Samples v. Florida Birth-Related Neurological Injury Compensation Ass’n, 114 So. 3d 912 (Fla. 2013). In so doing, the supreme court agreed with the lower appellate court’s decision and answered the following certified question in the negative: “Does the limitation in section 766.31(1)(b)1., Florida, Statutes, of a single award of $100,000 to both parents violate the Equal Protection Clause of the United States and Florida Constitutions?”more

Indiana Supreme Court Weighs In on Medical Malpractice Filing Deadline

This week we talk about the Indiana Supreme Court decision Miller v. Dobbs that held, for purposes of the statute of limitations, that a medical malpractice action is filed with the Department of Insurance when the complaint is filed regardless of when the filing and service fees are paid. This post also goes into great depth to analyze what this decision shows us about the current composition of the Indiana Supreme Court and takes a look at the possible impact of this case upon Moryl v. Ransome with rehearing still pending before the Indiana Court of Appeals.more

Indiana Supreme Court Upholds Punitive Damages Statute

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 signals for future cases before the Indiana Supreme Court.more

Filing Indiana Med Mal Complaint via Third-Party Carrier Does Not Toll Statute of Limitations

In this installment we discuss the recent Indiana Court of Appeals decision Moryl v. Ransone, which addresses the impact on the statute of limitations of filing a medical malpractice claim with the Indiana Department of Insurance using a third-party carrier.more

Appellate Notes: Week of April 1, 2013

In This Issue: - AC33703 - Sigular v. Gilson - AC33557 - Filippelli v. Saint Mary’s Hospital - AC34524 - Capel v. Plymouth Rock Assurance Corp. - AC34221 - Nichols v. The Milford Pediatric Group, P.C. - AC34652 - Godaire v. Freedom of Information Commission more

Malpractice Proposal Is Justice Denied

A proposal under discussion in the South to dispense with juries in favor of a government agency to rule on medical malpractice is just the latest in a series of wrongheaded efforts to deprive victims of medical errors of their rights.more

Major Medical Malpractice Decision: Robertson v. B.O.

This week's article takes a look at the major Indiana Supreme Court decision in Robertson v. B.O. holding that where the healthcare provider has settled the case the Patient's Compensation Fund cannot contest liability.more

Weekly Law Resume - September 6, 2012: Third Party Settlement – the Common Law Release Rule

Aidan Ming-Ho Leung v. Verdugo Hills Hospital California Supreme Court (August 23, 2012) Where one tortfeasor settles with the plaintiff, but fails to obtain a good faith settlement, the common law rule relating to releases applies, and the settlement will be found to release all other parties from liability to the plaintiff. In this case, the California Supreme Court did away with the common law release rule.more

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