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Archives
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Budget bets on gaming dollars Union Leader, Manchester, NH - May 29, 2009 ...The plan seizes a $110 million surplus in state medical malpractice insurance fund, and half the money the state collects for the LCHIP preservation program... Editorial: On health care, Republicans move beyond 'just say no' USA Today - May 29, 2009 ...A few other things can have a modest effect on the costs of medical service. The "low-hanging fruit" includes mandating electronic record keeping, limiting malpractice suits, paying for outcomes instead of procedures, and identifying the procedures and institutions that have the highest success rates... Opinion - Sen. Arthur Orr: Legislative session proves to be a productive one The Hartselle Enquirer, Hartselle, AL - May 29, 2009 ...The two remaining bills previously referenced are equally important, but both have a more local flavor and impact. Retired physicians and dentists, who no longer have malpractice insurance coverage but are volunteering their efforts in free clinics, such as the ones in Decatur and Huntsville, will now have the umbrella of liability coverage from the state extended to them through the Department of Public Health... Medical malpractice news
Pros and cons of tort reform stir up debate in Oklahoma The Oklahoman, Oklahoma City, OK - May 28, 2009 Oklahoma’s comprehensive lawsuit reform bill gives preference to insurance companies and corporations over injured citizens, a key state Republican Party official said Wednesday... House refuses nursing home efforts for more lawsuit shields The Times-Picayune, New Orleans, LA - May 27, 2009 ...The measure would have expanded the existing medical malpractice definition to include other "patient-related service." That would have put those cases stemming from actions by non-medical staff under the $500,000 cap on damages in medical malpractice lawsuits... Watch out for this growing malpractice trend Medscape - May 27, 2009 ...Although this legal structure does protect physicians in areas ranging from contractual obligations to "slip-and-fall" type claims, new litigation trends suggest that this can now increase liability in medical negligence cases... Massachusetts bill would let doctors say 'I'm sorry' Insurance Journal, CA (Associated Press) - May 27, 2009 ...Doctors have long expressed frustration that showing any compassion toward patients or their families -- especially after a death following an operation or treatment -- can be used against them in a medical malpractice lawsuit... Medical malpractice news
Cap on jury awards could be in jeopardy in Montgomery case The Gazette, Gaithersburg, MD - May 27, 2009 ...Maryland has had a cap on damages for years. In his ruling, Debelius said the legislature specifically changed a law on the books since 1986 that applied the cap generally to only cases that pass through the Health Claims Arbitration Panel. The appeal has drawn the support of MedChi, the Maryland state medical society, and the Medical Mutual Liability Insurance Society of Maryland, the largest insurer of physicians in the state... Health-care issue hashed out Arizona Daily Star, Tucson, AZ - May 27, 2009 ...Those possibilities include tort reform to reduce costs of medical malpractice cases; streamlining electronic medical records; and revamping the Medicare system by reducing the number of plans available... Most malpractice suits have one thing in common: the personality factor Modern Medicine - May 27, 2009 ...What may be surprising, however, is the level of control that individual physicians actually have in whether or not they wind up at the receiving end of a medical malpractice suit... Medical malpractice news
Med mal bill tests Paterson Crain's New York Business, May 26, 2009 ...The Department of Insurance refuses to discuss the issue publicly. But Eric Poe, a CPA and lawyer who administers a New Jersey medical malpractice plan, calls the proposal “pure insanity.” ... Bill would let doctors say "I'm sorry" WBZ-TV, Boston, MA - May 26, 2009 ...There will be debate on Beacon Hill Wednesday over a bill that would let doctors say "I'm sorry" without admitting they made a medical mistake... New law gives aid to disaster relief efforts in Arkansas Arkansas Democrat-Gazette, Little Rock, AR - May 26, 2009 ...The bill also gives incentives for doctors, nurses and veterinarians to add their names to the registry. It sets up a civil-liability exemption if the health volunteer receives no more than $500 in compensation for services while volunteering during a declared emergency... Opinion - Edward A. Dauer and Judith I. Ham: Malpractice laws should focus on patients The Denver Post, CO - May 26, 2009 ...For those keeping score, the doctors won; at the urging of physicians, legislators defeated the trial lawyers' bill to increase the limits on one category of medical malpractice awards. But the bottom line is that nothing has changed, not even the rancorous tones of the battle... Medical malpractice news
Opinion - Andrew Spiropoulos: State still awaits real lawsuit reform The Oklahoman, Oklahoma City, OK - May 24, 2009 ...But on the most important issues, the bill doesn’t reform the system. And by pretending that they solved a problem when they really didn’t, politicians set back the cause of reform... Tort reform bill signed into law in Oklahoma Business Insurance, Boise, ID - May 22, 2009 Oklahoma Gov. Brad Henry has signed into law comprehensive tort legislation that includes curbs on frivolous lawsuits, reduction of court costs and several other reforms, including a cap on noneconomic damages in medical malpractice suits... Editorial: Lawsuit reform bill will rein in frivolous filings The Enid News and Eagle, Enid, OK - May 22, 2009 ...The bill redefines what constitutes a frivolous lawsuit. It strengthens summary judgment rules to make it easier for a judge to dismiss a lawsuit determined to have no merit before it goes to trial... Medical malpractice news
Gov. Henry signs civil justice bill The Enid News and Eagle, Enid, OK (Associated Press) - May 21, 2009 ...In cases of medical malpractice where the cap is lifted, any amount greater than $400,000 could be paid with a reinsurance policy the state would purchase... New York med mal insurer is $43M short Insurance Journal, CA - May 21, 2009 ...A negative surplus means the company could be without cash to pay medical malpractice claims, although there is no indication that has happened... Medical malpractice news
Schwartz addresses shortage of family doctors Bucks County Courier Times, Levittown, PA - May 21, 2009 ...One reason the state has trouble attracting doctors is its high malpractice insurance premiums and its low payments from private and government health insurers, health experts said. Wages are another factor in Pennsylvania and elsewhere... O'Malley signs bills to keep doctors in Maryland The Frederick News-Post, MD - May 21, 2009 ...Maryland law does not limit the amount patients can claim for pain and suffering. Doctors practicing in states that have instituted such caps have more manageable malpractice insurance costs and are at lower risk of being bankrupted by a lawsuit, Vitarello said. These states have waiting lists of doctors seeking licenses, he said... Opinion - Russell Turk, MD: Health Care Reform Now: The current system emphasizes quantity over quality Daily Finance (AOL) - May 20, 2009 ...Over the years, doctors have learned that it's better to go overboard and do extensive and costly workups to rule out the possibility of a serious problem rather than missing something that leads to a bad outcome, and risk a medical malpractice lawsuit... Medical malpractice news
House Judiciary Subcommittee approves Hinchey's military medical malpractice bill Mid-Hudson News, NY - May 20, 2009 The House Judiciary Subcommittee on Commercial and Administrative Law Tuesday approved Congressman Maurice Hinchey’s bill that would allow armed service members and their families to sue the military for negligent medical care... Big med mal insurer insolvent Crain's New York Business, New York, NY - May 20, 2009 Physicians’ Reciprocal Insurers, a medical malpractice carrier that insures nearly 25% of New York state’s physicians, has a “negative surplus” of more than $43 million, which means the insurer is insolvent... The Republican health care alternative The American Spectator, Arlington, VA - May 20, 2009 ...The bill would also finance specific state programs to end lawsuit abuses and excessive malpractice costs. Each state's health commissioner could appoint an expert panel of three medical and three legal experts to recommend a quick, low cost resolution for each case... Arkansas high court rejects liability reforms American Medical News, Chicago, IL - May 19, 2009 The Arkansas Supreme Court for the second time struck down portions of the state's tort reform law, a move doctors fear could hurt future reform efforts and disrupt the medical liability climate... Medical malpractice news
Tax on benefits, soda among options in health-care bill debate Bloomberg, NY - May 19, 2009 ...so there could be give-and-take over the employer health-benefits tax exclusion if a host of other changes -- such as protections for self- insured employer health plans and medical malpractice changes -- are tied in... Medical malpractice bill clears committee The Times-Picayune, New Orleans, LA - May 18, 2009 ...The measure would expand the existing medical malpractice definition to include other "patient-related service." And it would put an entire family of torts -- those stemming from actions by non-medical staff -- to the $500,000 cap on damages in medical malpractice lawsuits... Is French health system a model for U.S.? WFAA-TV - Dallas/Fort Worth, TX - May 18, 2009 ..French doctors earn about 60 percent of what their American counterparts make, although they get free medical school tuition and don't face high malpractice insurance premiums... Medical malpractice news
Health care leaders pledge $2 trillion in spending cuts American Medical News, Chicago, IL - May 18, 2009 ...In some cases, the organizations connected the savings goals directly to their own priorities. "As we mentioned to the president, if we can have additional liability protection ... then we can achieve even more spending curbs and a reduction in cost," said AMA President-elect J. James Rohack, MD... State budget showdown looms Indiana Gazette, Indiana, PA (Associated Press) - May 17, 2009 ...Rendell has proposed adding a dime per pack to the cigarette tax rate, diverting money from a fund that pays physicians' malpractice insurance premiums and adding taxes on the sales of other tobacco products, natural gas extraction and health-insurance premiums. Pileggi described them as nuisance taxes that would not raise enough to make much of a difference, given the scale of the problem... Editorial: Lawsuit reform finally passes through Legislature The Enid News and Eagle, Enid, OK - May 17, 2009 ...The measure just passed, if the state follows through with the secondary damages insurance plan, should bring a reasonable balance to the interests of all involved. In the coming years, it should make it easier for doctors and others to stay in business, and that should benefit all Oklahomans. Cost a factor in military malpractice bill United Press International - May 17, 2009 A law professor says he isn't optimistic about Congress's latest attempt to overturn the laws shielding the U.S. military from medical malpractice lawsuits... Editorial: Dead bills in Carson City Las Vegas Review-Journal, NV - May 17, 2009 ...The caps have started to work. The insurance rates are coming down. Again, lawmakers were wise not to meddle with the expressed will of the people. If the lawyers want the issue revisited, let them go back to the voters at the ballot box... Medical malpractice news
Legislature passes civil justice bill The Journal Record, Oklahoma City, OK (Associated Press) - May 15, 2009 ...The civil justice bill redefines what constitutes a frivolous lawsuit and strengthens summary judgment rules to make it easier for a judge to dismiss a lawsuit that has no merit before it goes to trial... Some bills to miss deadline Las Vegas Review Journal, NV (Associated Press) - May 15, 2009 A construction defect bill sought by Nevada's powerful but struggling construction industry and a measure to loosen caps on medical malpractice awards have died in key legislative committees... Opinion - Blaine Peterson: An insider's view on health care reform Denver Post, CO - May 15, 2009 ...Unless the United States gets a handle on malpractice costs, we will never be able to achieve in reduction in the number of health care products used. Even a 5% reduction in the number of test and procedures would have an enormous impact on the total cost of health care... Increased patient volume concerns doctors, lawmakers Middletown Journal, OH - May 14, 2009 ...Ohio medical malpractice insurance rates for the top five insurers have fallen 22 percent in the past four years after more than doubling between 2001 and 2005... Medical malpractice news
Home defect bill divides lawmakers Nevada Appeal, Carson City, NV (Associated Press) - May 14, 2009 ...Anderson has warned his panel members that some of their bills might die on a Friday deadline for action in Senate Judiciary, chaired by Sen. Terry Care, D-Las Vegas. Among those Assembly-approved measures in Senate Judiciary is AB495, which would loosen caps on medical malpractice awards. It’s sought by trial lawyers — who oppose the construction defect bill... Editorial: Patients in the crossfire The Washington Times, DC - May 14, 2009 ...The Medical Device Safety Act favors litigious trial lawyers over sick patients. Its passage would amount to serious legislative malpractice... Lawmakers' tiff holds up action on malpractice damages bill Las Vegas Review-Journal, NV - May 13, 2009 ...An Assembly-approved bill to let some patients seek unlimited damages in medical malpractice lawsuits was being held up Wednesday in the Senate in apparent retaliation for an Assembly committee chairman’s decision to sit on two Senate-passed construction defect bills... Medical malpractice news
Hepatitis victim to testify law unfair Las Vegas Review-Journal, NV - May 13, 2009 ...Today, the 69-year-old retired Air Force veteran is scheduled to testify before the Senate Judiciary Committee, arguing on behalf of a bill that would remove the key element of the 2004 medical malpractice reform initiative: a $350,000 cap on pain and suffering damages... Home defect law divides Democrats Las Vegas Sun, NV - May 13, 2009 ...Assembly Bill 495, which would loosen caps on medical malpractice awards, is the ultimate hostage, as it is an important goal of trial lawyers, who happen to be Care’s enemy on construction defect legislation... Editorial: A balance: Tort reform appears reasonable Tulsa World, Tulsa, OK - May 13, 2009 ...After months of white-knuckle negotiation, Republican leadership unveiled the measure Monday, saying it would reduce medical malpractice and other insurance costs, introduce other important reforms such as how class-action suits are handled and pave the way for attracting more business... Opinion - Richard Fried: Simple way to cut cost The Philadelphia Inquirer, PA - May 13, 2009 ...Unnecessary procedures are often blamed on "defensive medicine" designed to head off lawsuits. While I'm sure this plays a role, it's also a convenient way for doctors to duck the blame. I believe the chief problem is that those ordering the tests and procedures are totally divorced from responsibility for the resulting financial burden... Medical board opposes bill The News & Observer, Raleigh, NC - May 13, 2009 ...Earlier this year, the board and the Medical Society wrangled over how and when to post medical malpractice awards on the Internet. The board wanted to publish awards of $25,000 and above, while the Medical Society said the public should see only awards over $150,000. Legislation is pending that would split the difference... Malpractice suits fall here Lancaster New Era, PA - May 12, 2009 ...And no malpractice lawsuits went before Lancaster County juries in 2008. The abrupt drop in malpractice filings and trials brings the county in line with statewide malpractice case decline that began in 2003... Malpractice costs dropping, not soaring The Oregonian, Portland, OR - May 12, 2009 ...Oregon's two largest medical malpractice insurers have cut the average price of malpractice coverage by 18 percent since 2005, the Oregon Department of Consumer and Business Services reports... Medical malpractice news
Unions push lawmakers on legal gambling Nashua Telegraph, Hudson, NH - May 12, 2009 ...Lawmakers face a $650 million gap between existing revenue and spending to largely maintain existing services over the next two years. The House spending plan closed much of it by taking more than $300 million in federal stimulus money, $90 million from a medical malpractice fund surplus, imposing new taxes... Editorial: Health-care reform kick-off Chattanooga Times Free Press, TN - May 12, 2009 ...This nation cannot approach their cost efficiencies without securing deeper savings in insurance, pharmaceutical, medical liability, hospital and specialty provider costs. But such savings will come only through creation of a model public health plan — similar to that provided for all federal employees — that is built around negotiated rates for insurance, provider services and a comprehensive, standard prescription drug plan... Lawsuit reform deal reached in Oklahoma Legislature The Oklahoman, Oklahoma City, OK - May 12, 2009 House and Senate Republican leaders announced Monday an agreement on what they are calling a landmark comprehensive reform package on how lawsuits are treated in court cases ranging from personal injury to medical malpractice cases... Agreement reached on Oklahoma civil justice plan Tulsa World, Tulsa, OK - May 11, 2009 ...Republican leaders announced on Monday a lawsuit-reform agreement that includes a taxpayer fund to cover cases in which pain and suffering damages exceed $400,000. House Bill 1603 will first be considered by the House and then head to the Senate. Both chambers have Republican majorities... Medical malpractice news
Competing demands in health overhaul Seattle Times, WA (Associated Press) - May 11, 2009 ...They would cap or eliminate tax breaks for employer-provided benefits, using the revenue to subsidize care for low-income people. Doctors also want curbs on medical-malpractice awards... Editorial: Sue where it suits you Madison County Record, Edwardsville, IL - May 10, 2009 ...In past years trial lawyers gravitated to the pro-plaintiff courtrooms of big city Philadelphia, "shopping" their cases away from rural and suburban judges and juries that were pro-fact rather than pro-plaintiff or pro-defendant. No more shopping now. Illinois has no such law. Venue shopping is common... Hospitals find confession good for the bottom line Crain's Detriot Business, MI - May 10, 2009 ...Another benefit is cost reductions on medical malpractice lawsuits, liability premiums and attorney fees, said hospital officials... Opinion - Sally C. Pipes: A swift re-tort: How to fight lawsuit abuse The Washington DC Examiner, DC - May 10, 2009 ...Reasonable attorney fees are particularly beneficial in health care, reducing baseless malpractice lawsuits and bringing down costs. A study by Stanford business professor Daniel P. Kessler found that attorney fee limits, along with other malpractice reforms, can increase the supply of physicians by 3.3 percent... Nurses' supporting role in law and order The New York Times, May 9, 2009 ...Nurses with forensic training may gather data at accident sites and in other situations where crimes may have occurred or medical evidence needs to be collected. They may also testify in court cases and help lawyers understand medical records — often for medical malpractice cases... Editorial: Jacob: Reforming the U.S. healthcare system must start with reducing demand Star-Telegram, Fort Worth, TX - May 9, 2009 ...He defines two types of medical malpractice. Type I malpractice: Doing something medically necessary unacceptably poorly. Type II malpractice: Doing something unnecessary very well... Births on cue: C-sections soar in S. Florida Merced Sun-Star, Merced, CA - May 8, 2009 ...In South Florida, virtually no obstetrician has malpractice insurance, and most believe that they're less likely to be sued if they choose to be active in a crisis, such as operating to remove a baby from the womb, rather than allowing nature to take its course... Medical malpractice news
Lawyers: AMA stats refute 'doctors flee' myth Renal and Urology News, NY - May 7, 2009 The American Association for Justice (AAJ), formerly known as the Association of Trial Lawyers of America, said its analysis of new AMA data “adds to a growing body of research that proves physicians are not fleeing the profession because of medical liability.”... Medical malpractice news
Senate approves version of budget Pittsburgh Post-Gazette, PA - May 7, 2009 ..The governor proposed using $375 million in "rainy day funds;" $107 million from a natural gas severance tax on natural gas from the Marcellus shale deposits; $61 million from an increased cigarette tax; $38 million from a new tax on cigars and smokeless tobacco; and a portion of the $700 million surplus in a fund that pays doctors' malpractice insurance claims... Legislature 2009: Winners & Losers The Denver Post, CO - May 7, 2009 MEDICAL MALPRACTICE AWARDS (HB 1344): Would have increased the amount that injured patients could have sued doctors for and would have allowed the cap on malpractice awards to grow with inflation. Medical malpractice news
Cappy remembered as remarkable jurist Pittsburgh Post-Gazette, PA - May 6, 2009 ...Among the figures crowding the Gothic landmark were Gov. Ed Rendell, and Mr. Cappy's successor, Chief Justice Ronald D. Castille. Mr. Rendell recalled how impressed he had been with Mr. Cappy's performance in bringing reform to areas including the state's medical malpractice issues... Looking for a doc? Here's Rx for info overload The Arizona Republic, Phoenix, AZ (Associated Press) - May 5, 2009 ...A: A malpractice lawsuit doesn't automatically mean a doctor has done something wrong. Some doctors, like obstetricians and neurosurgeons, face more litigation than others because of their specialty or the high-risk cases they handle... Opinion - U.S. Sen. John Cornyn, R-Texas: Competition can cut the costs of health care Austin American-Stateman, TX - May 5, 2009 ...Second, we can lower costs through lawsuit reform. Every victim of medical malpractice should have access to our courts, but our laws must ensure that patients receive reasonable compensation without enriching their lawyers... Editorial: No to 'tort reform' The Arkansas Leader, Jacksonville, AK - May 5, 2009 It is always re-assuring when a court does what American jurisprudence expects it to do, which is to ensure that justice is done. The Arkansas Supreme Court met that standard again Thursday, when it struck down two provisions of the state’s “tort reform” law... Medical malpractice news
The health care talks: Will Obama get more involved? TIME Magazine - May 5, 2009 ...Obama said he was willing to curb malpractice awards, a move long sought by the Republicans and certain to bring strong opposition from the trial lawyers who fund the Democratic Party... Medical malpractice news
Lawsuits against doctors decline in Berks County Reading Eagle, Reading, PA - May 4, 2009 ..."Frivolous lawsuits are no longer clogging up the system," said Schmehl, who presides over the bulk of the malpractice cases. "It's always better when the cases settle... Massachusetts physicians lobby for apology protections American Medical News, Chicago, IL - May 4, 2009 ...Physicians anticipate that the measures not only would reduce lawsuits and, ultimately, medical liability insurance costs, but also help eliminate defensive medicine practices, such as ordering unnecessary tests... Nevada lawmakers moving to change state's liability cap American Medical News, Chicago, IL - May 4, 2009 ..Nevada law places a $350,000 cap on pain and suffering awards. But a recent bill, backed by the trial bar, would lift that limit in cases of "gross negligence."... Florida lawmakers pass surplus lines insurance regulation exemption Insurance Journal, CA - May 4, 2009 ...Surplus lines insurers write policies for unusual situations that include hazardous materials transporters, commercial trucking enterprises, day care centers, older homes located in coastal areas, professional athletes, hospitals, expensive boats and cars, and medical malpractice... Former Chief Justice Cappy dies Pittsburgh Post-Gazette - May 2, 2009 ...It is not an exaggeration to say that actions taken under Ralph Cappy's leadership led directly to resolving Pennsylvania's medical malpractice crisis. Our system of justice and our entire Commonwealth are better due to his service," the governor said... Opinion - Gerald F. O'Malley, DO: Malpractice lawsuit costs still a huge issue for Pennsylvania The Patriot-News, Harrisburg, PA - May 2, 2009 ...Governor Rendell recently declared that Pennsylvania's malpractice lawsuit abuse crisis is over. Nothing could be further from the truth... Medical malpractice news
Opinion - Charles Babington (AP): Obama's fate largely in Congress' hands Statesman Journal, Salem, OR - May 1, 2009 ...He said he has told GOP leaders, "Look, on health care reform, you may not agree with me that we should have a public plan. That may be philosophically just too much for you to swallow. On the other hand, there are some areas, like reducing the costs of medical malpractice insurance, where you do agree with me."... Opinion - Carmela Coyle: Inadequate hospital rate hikes won't forestall cuts The Gazette, Gaithersburg, MD - May 1, 2009 ...Hospitals suddenly are faced with a host of unexpected costs. Pension plan and self-funded medical liability plan obligations have skyrocketed... |
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