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Medical malpractice news

Friday, July 31, 2009
 
Special session may be held for N.H. budget
Seacoastonline.com, Portsmouth, NH – Jul 31, 2009
… The speculation for a special session has been prompted by a Belknap County Superior Court ruling Wednesday that negated a plan to tap $110 million for the state budget from a surplus in the Joint Underwriting Association fund established in 1975 to help doctors find affordable medical malpractice insurance…

Editorial: State employees should take the deal
Concord Monitor, Concord, NH – Jul 31, 2009
…New Hampshire Superior Court Judge Kathleen McGuire's finding that the state cannot take a $110 million from a medical malpractice fund has chopped a giant hole in the state budget. And unless the economy rebounds dramatically, lawmakers will gape at an even bigger deficit next year…

Editorial: Medical tort reform should be part of any health care changes
The Detroit News, MI – Jul 31, 2009
…So far in Congress, attempts to create "special courts" for malpractice claims in the context of health care reform have been met with furious opposition from the lawyers who fund the lawmakers' campaign accounts…

Editorial: Medical practitioners seek tort reform in legislation
The Daily News, Memphis, TN – Jul 31, 2009
…Measures to control malpractice costs have not emerged as a priority in the health care reform legislation moving through Congress, but it’s still at the top of the list for physicians and other providers…

What’s today’s gimmick?
The Dalles Chronicle, Dalles, OR (Associated Press) – Jul 30, 2009
…Several states also found quick cash by raiding off-budget accounts dedicated to specific functions. New Hampshire, for example, is being sued over its decision to grab $110 million from a malpractice insurance fund…

Opinion – Philip K. Howard: Health reform’s taboo topic
The Washington Post, DC – Jul 31, 2009
…Yet the congressional leadership has slammed the door on solutions to the one driver of waste that is relatively easy to fix: the erratic, expensive and time-consuming jury-by-jury malpractice system…


Medical malpractice news

Thursday, July 30, 2009
 
N.H. budget can't use malpractice fund
SeacostOnline.com (Associated Press) - Jul 30, 2009
A judge has rejected the state's claim on a $110 million surplus in a fund that underwrites malpractice insurance...

Judge to NH: Malpractice money isn't yours
Examiner.com - Jul 30, 2009
..."Thus, the State cannot own JUA funds under that theory." The state's actions, she continued, represent both a "taking of property belong to the JUA" and "an impairment of their contract obligations."...

Court ruling throws state budget out of whack
The Citizen, Laconia, NH - Jul 30, 2009
...How the state will deal with the budget deficit created by the ruling remains unknown. But Gov. John Lynch said the state would appeal the decision handed down by a Belknap County Superior Court judge Wednesday...

Deal with 'Blue Dogs' sets up health care vote
The Item, Sumter, SC (Associated Press) - Jul 30, 2009
...The GOP bill also would limit jury awards for pain and suffering, and create new courts with specially trained judges to decide medical malpractice claims...

Congress fails to meet health care deadline
Examiner.com - Jul 30, 2009
...would hold physicians harmless from litigation if they have followed prescribed “best practices.” This proposal is not yet surfaced on Congressional radar screens, but should be considered as a method of reducing the practice of defensive medicine accounting for nine percent or $225 billion in un-necessary expense annually...

RNC Chairman Steele blasts Dem's health care vision as weak
The Post Chronicle, Denville, NJ - Jul 29, 2009
...Having Congress reshape health care puts "the wrong people at the table," Steele said. He said stake holders — "doctors, lawyers, health care employees, insurance companies" — should develop a solution and present it to Congress, rather than the other way around...

Liability insurance rates stabilize in Illinois
American Medical News, Chicago, IL - Jul 29, 2009
...Thousands of Illinois physicians will see their medical liability insurance premiums hold steady again in the 2009-10 policy year after the state's largest carrier announced it would not change base liability insurance rates for the third year in a row...


Medical malpractice news

Wednesday, July 29, 2009
 
House health-care negotiations end night without a deal
CNN - Jul 29, 2009
...Republicans oppose a government-funded option and any requirement for employers to provide coverage. They also call for limits on medical malpractice lawsuits, which Democrats don't favor. But the parties agree on a number of provisions...

Capitol rally in Denver protests "Obamacare"
The Denver Post, CO - Jul 29, 2009
..."This is not the kind of health care change we want!" shouted Jeff Crank with Americans for Prosperity, which organized the rally. "We demand something different." Instead, protesters advocated for tort reform to cut down on malpractice costs and making health insurance "portable" from job to job...

Lobbyists sue Colorado trial attorneys
The Denver Post, CO - Jul 29, 2009
...The Colorado Trial Lawyers Association is being sued by its lobbying firm, the latest step in an apparent fallout following a failed effort to increase medical-malpractice caps...

Interview - Gov. Pawlenty: Current health care plan not reform, builds upon broken system
Fox News - Jul 29, 2009
...there's a number of common sense things that we could do on a bipartisan basis to move this country forward on much-needed health care reform. They include these things. First of all, let's get rid of junk lawsuits and make sure we have medical malpractice reform...

Editorial: Include tort reform
The Day, New London, CT - Jul 29, 2009
...glaringly absent is talk of tort reform to bring down the cost of frivolous malpractice lawsuits, excessive damage awards and the resultant defensive medical practices and high insurance premiums...

Opinion - Dennis Burke: Healthcare reform must consider primary drivers of cost
East Oregonian, Pendleton, OR - Jul 28, 2009
...Trial lawyers are quick to point out that liability judgments are but a small part of the overall cost of healthcare - and they are correct. But the threat of malpractice liability is nonetheless a huge driver of healthcare costs...

Opinion - Charles Arlinghaus: Keeping an eye on the new budget
The Union Leader, Manchester, NH - Jul 28, 2009
...One source generating concern in Concord is $110 million the state wants to take from a medical malpractice fund called the Joint Underwriting Association. This is the subject of a lawsuit, and I've written about it frequently. We'll know this week, but a growing number of people inside government believe the state will lose this case...


Medical malpractice news

Tuesday, July 28, 2009
 
Rendell considers stopgap budget during impasse
The Philadelphia Inquirer, PA - Jul 28, 2009
...The GOP spending plan also calls for one-time revenue injections, including taking money from the state's Rainy Day fund and dipping into the surplus from a fund that provides state-subsidized malpractice insurance...

Malpractice fund ruling due
SeacoastOnline.com, NH (Associated Press) - Jul 28, 2009
...A judge is expected to rule this week whether New Hampshire can take $110 million from a malpractice insurance fund to balance the state budget...

House Democratic leaders: No health vote before August recess
CNN - Jul 28, 2009
..Republicans oppose a government-funded option and any requirement for employers to provide coverage. They also call for limits on medical malpractice lawsuits, which Democrats don't favor...

High costs of care and insurance don't add up to health care reform plan
Bluefield Daily Telegraph, Bluefield, WV - Jul 28, 2009
...There are also: tests and procedures done as defensive medicine; malpractice insurance for doctors that costs tens of thousands a year; costs from excessive malpractice awards and frivolous lawsuits...

Opinion - Drs. Gerald B. Healy Wellesley and Edward M. Copeland III: Obama's unkind cut at doctors
The Boston Globe, MA - Jul 28, 2009
...Reimbursement for surgery has fallen steadily for the past several years, while malpractice premiums and office costs have risen....

Vets affected by VA hospital errors to file claims
The Associated Press - Jul 27, 2009
...Sheppard said he will file medical malpractice and emotional distress claims with the VA within 30 to 45 days. He said veterans and veterans' relatives who have contacted him by phone from Florida and elsewhere likely have sought out other attorneys...

Many patients lack information on lab results
The Clinical Advisor, New York, NY - Jul 27, 2009
...testing-related mistakes can lead to serious diagnostic errors. Failures to inform patients of abnormal results are common and legally indefensible factors in malpractice claims.”...


Medical malpractice news

Monday, July 27, 2009
 
Saying 'sorry' pays off for doctors
The Journal Gazette, Fort Wayne, IN (Associated Press) - Jul 27, 2009
...“What we are doing is common decency,” said Richard Boothman, a veteran malpractice defense lawyer and chief risk officer for a health system with 18,000 employees and a $1.5 billion annual budget...

Opinion - Ed Leap: How far do with go with health care reform
The Greenville News, SC - Jul 27, 2009
...Will new reforms hold anyone accountable, other than the insurers, physicians and hospitals of America? The notable absence of any sort of limits on malpractice litigation in the pending legislation suggests that we will remain the system “that just can't say no,” at least not without risking a lawsuit...

Opinion - Tucson Citizen: Single-payer system required for real reform
The Arizona Daily Star, Tucson, AZ - Jul 27, 2009
...It also does little to fix many of the things that are wrong with the system, such as runaway costs, monopolistic drug pricing, exorbitant malpractice insurance premiums and Byzantine rules and laws that vary from state to state, to name a few...

Conrad: Dems lack votes to pass health care reform on their own
CNN Political Ticker - Jul 26, 2009
...Republicans oppose a government-funded option and any requirement for employers to provide coverage. They also call for limits on medical malpractice lawsuits, which Democrats don't favor, along with a number of provisions contained in the Democratic bills, including increased efficiency in Medicare and Medicaid and a focus on preventive health programs...

Daily News investigates faked records and fatal blunders at city-run hospitals
New York Daily News, NY - Jul 26, 2009
...City-run hospitals faked records and covered up dozens of botched operations, deadly accidents, malpractice and other medical screwups, a Daily News investigation has found...

Editorial: Plaintiffs never lose, in the lawsuit lottery
Las Vegas Review-Journal, NV - Jul 26, 2009
...Congress could give defendants a lot stronger incentive to energetically defend against such actions (rather than caving in as the cheapest option) -- and make many any ambulance chaser think twice before filing one -- by simply requiring that any plaintiff who fails in court must pay every penny of the defendant's legal fees and court costs...

Editorial: Liability limits needed in reform
The Oklahoman, Oklahoma City, OK - Jul 26, 2009
...Obama and lawmakers need to return to the drawing board, and when they do they should include medical liability reforms that would be a true counter-force to rising health care costs...

Opinion - John McClaughry: Questions for your congressmen
Bennington Banner, VT - Jul 26, 2009
...Exploding medical malpractice claims, fueled by the plaintiff’s bar, are driving doctor and hospital malpractice insurance premiums ever upward. Why are there no provisions in any of the bills to ameliorate this problem...

Opinion - Dave Wells: Health care reform finally on horizon
East Valley Tribune, Phoenix, AZ - Jul 25, 2009
...An alarming half of costs go to overhead (lawyers, experts, and courts), and studies found nine out of 10 patients who suffer medical negligence never sue. A well-designed system for independent review similar to New Zealand would likely be a huge improvement...


Medical malpractice news

Friday, July 24, 2009
 
RNC Chairman Steele blasts Dems' health care vision as weak
Pittsburgh Tribune-Review, PA - Jul 24, 2009
...Steele said doctors would stop on their own if Congress worked to reduce medical malpractice lawsuits. "Trial lawyers are ready to pounce. Doctors are doing unnecessary treatments to cover their backsides,"...

Opinion - Charles Krauthammer: Why Obamacare is sinking
The Enquirer, Cincinnati, OH - Jul 24, 2009
...This is not about politics? Then why is it, to take but the most egregious example, that in this grand health care debate we hear not a word about one of the worst sources of waste in American medicine: the insane cost and arbitrary rewards of our malpractice system?...

Editorial: The cost of good intentions: Obama's health care overhaul must rein in runaway expenses
New York Daily News, NY - Jul 24, 2009
...Then there's tort reform. Astronomical medical malpractice expenses force doctors out of business and lead to the excessive practice of defensive medicine, not to better care...

Opinion - Sally C. Pipes: Texas-style health care reform is bigger and better
The Examiner, San Francisco, CA - Jul 24, 2009
...Instituting common-sense medical malpractice reforms would improve care, cut costs and make insurance more affordable without additional government spending. We need look no further than the states to see how such positive returns are possible...

Opinion - John Andrews: Insurance fund surplus isn't the state's
Concord Monitor, Concord, NH - Jul 24, 2009
Unlike reporters and commentators, I have actually read the administrative rule through which the New Hampshire insurance commissioner established the Medical Malpractice Joint Underwriting Association...

Court blocks $70 million malpractice award
The Star-Ledger, Newark, NJ - Jul 24, 2009
The largest medical malpractice verdict ever awarded in New Jersey -- more than $70 million in damages to the parents of a boy who suffered brain damage as an infant -- was overturned yesterday by the state Supreme Court...


Medical malpractice news

Thursday, July 23, 2009
 
Obama backs millionaire's tax
The Free Lance-Star, Fredericksburg, VA - Jul 23, 2009
..."As I've said repeatedly, we should reform malpractice laws, encourage wellness and prevention programs... promote more competition in the private insurance market, and address the needs of small businesses in a way that doesn't kill jobs in the middle of a recession," McConnell said on the Senate floor...

Editorial: Questions worth asking at Obama's health care event in Cleveland
The Plain Dealer, Cleveland, OH - Jul 23, 2009
...You told the American Medical Association you were open to malpractice reforms. What, specifically? Will you take on your party's powerful trial lawyers lobby to get change?...

Insurance reform group criticizes medical malpractice insurance industry
Insurance Journal, CA - Jul 23, 2009
...The report concludes that further limiting the liability of negligent doctors and unsafe hospitals is not only unjustified, but also would have almost no impact lowering this country's overall health care expenditures...

Opinion - Tinsley W. Rucker, MD: Scale back health care overhaul
The Fayetteville Observer, NC - Jul 23, 2009
...The solution is not to stop all malpractice suits. This would not be fair. The solution is to limit non-economic damages, require board-certified physician expert witnesses and restrict lawyer contingency fees to a reasonable level of 10 percent to 20 percent of the judgment...

Opinion - James R. Knickman: Time to deal with this crisis
Times Union, Albany, NY - Jul 23, 2009
...While the rate freeze may prevent doctors from leaving the state in the short term, it's a far cry from the comprehensive, long-term reform needed to decrease medical malpractice insurance costs...


Medical malpractice news

Wednesday, July 22, 2009
 
"Nationalized" medicine lacks national standards
Modern Medicine (Medical Economics) - Jul 22, 2009
...Most medical liability insurance companies have only a single-state or regional presence. Even the companies that make up the exception to the rule may not pick up multi-state exposure for a single physician, as pricing the coverage and crafting language to comply with multiple state filing requirements under a single policy can be challenging...

Editorial: Health reform means changes for everyone
The Tuscaloosa News, AL - Jul 22, 2009
...The fee-for-service model, along with outrageous jury awards for malpractice, encourages doctors and hospitals to order tests and provide treatments that are not necessary. We need a system that rewards the medical profession for keeping patients healthy...


Medical malpractice news

Tuesday, July 21, 2009
 
Saying 'sorry' pays off for doctors
Traverse City Record-Eagle, MI (Associated Press) - Jul 21, 2009
...the fact that the hospital admits its mistakes and fights hard when it claims to not have made one tends to discourage lawsuits...

Senate bounces back budget plan to House
The Morning Call, Allentown, PA - Jul 21, 2009
...Those one-time sources include cash from oil and natural gas drilling leases, a hefty withdrawal from the state's Rainy Day Fund savings account, a dip into the surplus from a fund that provides state-subsidized malpractice insurance for physicians and a transfer from the Senate's own surplus accounts...

Appeal vowed in malpractice fund case
The Citizen, Laconia, NH - Jul 21, 2009
Litigants in a lawsuit over whether the state can use funds from a malpractice insurance pool to balance the state budget say that no matter how a Belknap Superior Court judge rules, the matter will be appealed...

State, doctors make cases for malpractice fund
Concord Monitor, NH - Jul 21, 2009
...A coalition of doctors and hospitals insured through the Joint Underwriting Association call the Legislature's plan an "unconstitutional taking," ...


Medical malpractice news

Monday, July 20, 2009
 
Groups join forces on medical liability reform
American Medical News, Chicago, IL - Jul 20, 2009
...Two medical liability reform coalitions are banding together to make sure the issue remains atop the list in the national debate on health system reform...

Court: Physician liability limited in third-party cases
American Medical News, Chicago, IL - Jul 20, 2009
...A recent Massachusetts Supreme Judicial Court ruling has eased some physician, hospital and other medical professionals' concerns that people they never treated or had a patient relationship with could file lawsuits successfully against them...

Opinion - Dr. Dustin Ballard: For some doctors, care is risky business
Marin Independent Journal, Novato, CA - Jul 19, 2009
...And do the results of this study mean that physicians who fret about the high costs of runaway medical malpractice claims are blowing smoke because it may be that their personalities are more to blame than the lawyers? Not necessarily...

Opinion - Glen Meakem Sunday: Obama's wrong agenda

Pittsburgh Tribune-Review, PA - Jul 19, 2009
...They're attempting to force most Americans into a nationalized health insurance plan similar to Medicare that limits care but preserves the ability of trial lawyers to pursue unrestricted damages in medical malpractice lawsuits...

Opinion - Michael Arnold Glueck: Tort reform is needed for successful health-care plan
Daily Pilot, Costa Mesa, CA - July 18, 2009
...Although less frequently discussed than it should be, no new federal health-care plan will succeed and cut costs without some type of tort reform...


Medical malpractice news

Friday, July 17, 2009
 
Health care overhaul bill has its ups and downs
Idaho Stateman, Boise, ID (Associated Press) - Jul 17, 2009
...Republicans also failed on amendments to limit medical malpractice awards, and to prevent the government insurance plan from covering abortions. All the votes were largely along party lines...

Editorial: Move health reforms
The Buffalo News, Buffalo, NY - Jul 17, 2009
...To be sure, Democrats need to expand their approach. In particular, they need to show some enthusiasm for restraining the peculiarly American lawsuit culture that is driving medical malpractice rates through the roof and doctors out of business...

Massachusetts weighs 'global' health care payment system
CNSNews.com (Associated Press) - Jul 17, 2009
...Nicholas said the state also shouldn't lose focus on more immediate cost-saving measures, like medical malpractice reform and better practices around end-of-life care...

Pa. House rejects GOP budget that had no new taxes
Observer-Reporter, Washington, PA (Associated Press) - Jul 17, 2009
...The Democratic plan draws heavily from the state's rainy day contingency fund and from a surplus in an account used to pay doctors' malpractice premiums. But it leaves unresolved how to fund $1.3 billion for the State System of Higher Education, community colleges, student loans...

Opinion - Edward J. Volpintesta: Only reforms can end defensive medicine
The Hartford Courant, Hartford, CT - Jul 17, 2009
...Clearly, a more balanced method of handling malpractice cases is needed: one that treats patients fairly and does not destroy doctors' careers or reputations. Without significant reforms in the rules for malpractice suits and awards, doctors will continue to practice defensively. And defensive medicine will remain the wild card that drives the cost of health care higher every year...

Editorial: Arizona's new malpractice law, middle approach
The Sun, Yuma, AZ - Jul 16, 2009
...While this will undoubtedly make trial lawyers and their clients unhappy, it is not an unreasonable change. Doctors who have truly done harm can still be punished and their victims compensated. But less substantial or frivolous malpractice suits will be discouraged.

Editorial: Malpractice needs a genuine fix
Newsday, NY - Jul 16, 2009
Freezing doctors' malpractice insurance premiums for the second year in a row, as Albany did this week, is a decent stopgap measure to keep doctors from fleeing the state. But legislators need to turn up the heat on the search for real medical malpractice reform...


Medical malpractice news

Thursday, July 16, 2009
 
Groups weigh suit over aid cuts
Nashua Telegraph, Hudson, NH - Jul 16, 2009

...The lawsuit threat couldn't come at a worse time for Lynch as he and Attorney General Kelly Ayotte's lawyers fiercely defend their right to balance the budget with $110 million in surplus of a quasi-public underwriter of medical malpractice and liability insurance for hospitals and physicians...

Poll: Americans split on health care as Obama's approval sinks
McClatchy Washington Bureau, DC - Jul 16, 2009
...On other health care questions, the poll found that Americans:...Want limits on malpractice awards against health care providers, by 62-31...

Opinion - Don C. Brunnell: Malpractice changes must accompany health care reforms
The Othello Outlook, Othello, WA - Jul 15, 2009
...American courts commonly think it proper for juries to infer medical negligence from the mere occurrence of a serious injury. European judges usually will not. In sum, the medical malpractice system provides incentives for plaintiffs that really do matter...


Medical malpractice news

Wednesday, July 15, 2009
 
Bill would expand medical malpractice claims
Wisconsin Radio Network, Madison, WI - Jul 15, 2009
...Legislation at the Capitol would expand who can file medical malpractice lawsuits when a family member dies. Under current state law, non-dependent children or their parents are not allowed to file malpractice claims if one of them dies due to a medical error...

At long last, Allen's E.R. malpractice bill signed
Arizona Capitol Times, Phoenix, AZ - Jul 14, 2009
...The bill raises the burden of proof for plaintiffs in malpractice suits against emergency room doctors from “preponderance of evidence” that the physician is guilty of malpractice, meaning the charge is more likely true than not, to “clear and convincing evidence,” the highest burden of proof in civil cases...


Medical malpractice news

Tuesday, July 14, 2009
 
ER malpractice standard raised
The Arizona Republic, Phoenix, AZ - Jul 14, 2009
...A bill signed by Arizona Gov. Jan Brewer means emergency-room patients must prove there is "clear and convincing" evidence that medical errors by emergency health-care workers led to injury...

Opinion - Jill Lawrence: The last worst hope for health reform
Politics Daily (AOL) - Jul 14, 2009
...there would have to be language addressing concerns such as whether plaintiffs or defendants would be allowed to use the treatment guidelines in malpractice suits. So there are several elements of uncertainty about the fate of this initiative under reconciliation...

Republicans plan rival healthcare plan
Reuters - Jul 13, 2009
...said the plan offered significant reforms, including incentives for healthy living, protection for doctors against malpractice lawsuits and tax breaks to encourage small businesses to offer insurance to their workers...


Medical malpractice news

Monday, July 13, 2009
 
Wisconsin Court: Witnesses cannot seek medical damages
Claims Journal, San Diego, CA (Associated Press) - Jul 13, 2009
..In a decision praised by doctors but criticized by trial lawyers, the court ruled 5-2 that Wisconsin's medical malpractice law does not allow bystanders to seek damages for emotional distress...

Appellate court upholds California medical liability cap
American Medical News, CA - Jul 13, 2009
...The Court of Appeal of the State of California, 5th Appellate District ruled that the dollar limit set under the state's 1975 Medical Injury Compensation Reform Act, or MICRA, is constitutional and doesn't infringe on a jury's power...

Arizona governor signs bill on medical malpractice suits
Insurance Journal, CA (Associated Press) - Jul 13, 2009
Arizona is making it harder to successfully sue emergency medical providers for alleged malpractice...

Opinion - David M. Walker: Rein in insane health costs
Daily News, New York, NY - Jul 13, 2009
...shouldn't we also improve standards across the board for medical practices by designing and implementing a set of national evidence-based practice standards that will enhance quality, reduce health care costs and dramatically bring down malpractice litigation risks?...

Opinion - Michael Kinsley: Pick health care's 'low fruit' for reform
The Spokesman-Review, Spokane, WA - Jul 13, 2009
...My list would start with malpractice reform. An achingly balanced CBO report last year cited a study showing that victims of medical negligence are 2 1/2 times more likely to get compensation than people who were not victims...

Editorial: Health-care savings
The Washington Post - DC - Jul 13, 2009
...Finally, changes in the current, irrational system of medical malpractice litigation might help lower costs. The evidence that costs are driven up by doctors practicing defensive medicine to protect themselves from lawsuits is scant. But higher malpractice premiums are passed on to consumers...

N.H. doctors sue to stop state raid on medical liability fund
American Medical News, Chicago, IL - Jul 13, 2009
...The plaintiffs are asking the Belknap County Superior Court permanently to block any JUA fund transfer and compel the insurer to return any potential surplus to its policyholders...

Opinion - Michael Koskoff: 'Defensive medicine' a myth - It's only greed
Hartford Courant, Hartford, CT - Jul 12, 2009
...The doctors' convoluted argument that defensive medicine is the reason for unnecessary medical procedures is unsubstantiated and makes no logical sense. To understand why, some knowledge of malpractice law is helpful...

Opinion - Tom Baker: Liability = Responsibility
New York Times, NY - Jul 11, 2009
OUR medical liability system needs reform. But anyone who thinks that limiting liability would reduce health care costs is fooling himself...

Opinion - Michelle Mello/Amitabh Chandra: The cap doesn't fit
New York Times, NY - Jul 11, 2009
DOCTORS are battered by the medical malpractice system. They complain, with reason, about unpredictable jury awards, escalating insurance premiums, the emotional toll of litigation...


Medical malpractice news

Friday, July 10, 2009
 
Editorial: Governor's vetoes were justified
The Republican-American, Waterbury, CT - Jul 10, 2009
...Also enhancing the universal-care advocates' credibility would be a demand that the legislature rein in the trial lawyers, by capping punitive damages in medical-malpractice cases or having panels of medical experts hear and adjudicate claims.

LI doctors: Obama should support malpractice award caps
Newsday, Melville, NY - Jul 10, 2009
...But the issue remains contentious, and some patient groups are pushing for even more leeway in filing malpractice suits...


Medical malpractice news

Thursday, July 09, 2009
 
Opinion - Charles Arlinghaus: The state has illegally taken private property, which is scary
Union Leader, Manchester, NH - Jul 9, 2009
The fight between the state government and a medical malpractice cooperative known as the Joint Underwriting Association (JUA) is more important than any tax hike or spending decision the Legislature has considered this year...

Opinion - Donald C. Pompan/Eric J. Del Piero: Primary care key to health coverage
Monterey Herald, CA - Jul 9, 2009
...We are in no position at this time to radically transform the health care delivery system as the government is proposing. Instead, in the short term we should be "reforming" the system by regulating the insurance industry to make insurance more affordable and addressing the medical malpractice issues that force physicians to practice "defensive medicine." ...

Editorial: Keep it simple
Albany Democrat-Herald, NY - Jul 8, 2009
...If the main goal is to lower the cost of medical treatment, limit medical liability claims to actual damages and change other laws that drive up the cost...

New York delays decision on medical malpractice rates
Business Insurance, New York, NY - Jul 8, 2009
...The New York Assembly recently approved freezing medical malpractice insurance rates for another year, but the state Senate has yet to vote on the proposal...


Medical malpractice news

Wednesday, July 08, 2009
 
Editorial: Plan now for worse budget woes ahead
Concord Monitor, NH - Jul 8, 2009
...As Monitor State House reporter Lauren Dorgan noted in a column on Sunday, that budget will be short some $110 million if a court finds that the state can't take money from a medical malpractice fund set up decades ago to ensure that health-care providers could buy coverage at affordable rates...

Opinion - Alan Miller: Let's include medical malpractice in healthcare debate
Modern Healthcare, Chicago, IL - Jul 7 2009
...Without much-needed reforms to limit jury awards for noneconomic damages, the cost of malpractice insurance will continue to rise. That, in turn, will increase the exodus of physicians from the particularly vulnerable specialties...


Medical malpractice news

Tuesday, July 07, 2009
 
Opinion - Brad Lint: Don't cap damages in malpractice cases
The Des Moines Register, IA - Jul 7, 2009
...President Barack Obama should be commended - not castigated - for having the gumption to tell American Medical Association delegates that he does not support capping damages in medical malpractice cases...

Opinion - Harry Rosenfeld: We already ration health care
The News Times, Danbury, CT - Jul 7, 2009
...Traditionally, prescription of multiple tests and procedures is laid off as a response to the threat of malpractice suits. But Gawande surmises that much more is attributable to some doctors viewing their work as a business practice...

Opinion - George F. Ball: Ration trial lawyers, not services, to lower the cost of health care
Investor's Business Daily - Jul 6, 2009
...If the Obama administration and our legislative leaders were really interested in lowering health care costs, the all-too-obvious anecdotal and survey evidence points to billions of dollars of annual savings that could result from dramatically limiting the costs of unnecessary medical tests and practices that are forced on doctors due to liability fears stemming from our U.S. tort system...


Medical malpractice news

Monday, July 06, 2009
 
Doctors speak out on health care reform
The Times Herald News, Norristown, PA - Jul 6, 2009
...“Malpractice reform must be a key element of any reform. We need to resolve conflicts in a different fashion,” Montgomery County Medical Society President Mark Lopatin agreed...

GOP pushing malpractice reform
Roll Call, Washington, DC - Jul 6, 2009
...The Senate Health, Education, Labor and Pensions Committee’s markup of health care legislation is just the latest skirmish in what has been a long-standing partisan battle — the fight to change medical malpractice laws...

Opinion - Martin Henrichs: Here's an option to president's health care plan
Post-Tribune, Merrillville, IN - Jul 6, 2009
...Restrict malpractice lawsuits. Doctors pay too much for insurance and may order tests beyond what is reasonable to protect themselves...

Opinion - Terry Paulson: Keeping the costs down

Ventura County Star, Camarillo, CA - Jul 6, 2009
...Demand national tort reform and realistic caps to help control frivolous medical malpractice lawsuits that add costs as well as unnecessary tests and procedures to protect those providing care...

Opinion - Roger Sevigny: Insurance commissioner defends $110m transfer from malpractice fund
The Telegraph, Hudson, NH - Jul 5, 2009
As the insurance commissioner for the state of New Hampshire, I have been named in a lawsuit filed by three health-care providers about the state's proposed use of excess surplus from the New Hampshire Medical Malpractice Joint Underwriting Association (JUA)...

Opinion - Anita Bellin: We deserve better in health care
Bennington Banner, VT - Jul 5, 2009
...We will need to expand the numbers of primary physicians so we should be prepared to pay for their education and malpractice insurance costs in exchange for specific numbers of years as practicing physicians. After World War II, we paid for teacher education with the caveat that the students would teach for a number of years. Why not repeat that success?...

Opinion - Michael Weitekamp: From my experience as a doctor, acountability has to be a part of health equation
The Patriot-News, Harrisburg, PA - Jul 5, 2009
...Patients often equate more care with better care, doctors and hospitals are paid better to intervene than to advise, and the threat of litigation influences doctors and hospitals to do more than they might believe is indicated so as not to be second-guessed in a malpractice action...

Editorial: Health care reform must include leashing trial lawyers
San Francisco Examiner, CA - Jul 5, 2009
...The key to understanding the president’s rejection, of course, lies in the fact that especially prominent among his party’s biggest contributors are the trial lawyers who make millions in fees from malpractice suits regardless whether they win or lose with the judge or jury...


Medical malpractice news

Friday, July 03, 2009
 
Rendell challenges Republicans to balance budget without tax hike
Pittsburgh Post-Gazette, PA - Jul 3, 3009
...Mr. Arneson said Senate Bill 850 could be balanced by combining additional spending cuts and some one-time revenues, such as the $750 million Rainy Day Fund, a $700 million account to pay for medical malpractice premiums and money from leasing more land for natural gas drilling...

Ruling raises doubts about state budget
New Hampshire Business Review, Manchester, NH - Jul 3, 2009
...The state created the JUA as a “mandatory risk-sharing plan” in 1975, when private insurers failed to offer malpractice coverage. The JUA counts approximately 900 policyholders, about half of them physicians, who represent about 30 percent of the state’s malpractice insurance market...

Opinion - Brad Cook: The good, the bad and the ugly
New Hampshire Business Review, Manchester, NH - Jul 3, 2009
...The budget was balanced using several hundred million dollars of one-time revenue sources which will not be available again. This includes a $110 million taking of medical malpractice insurance funds already being contested in court by those who paid the premiums...

N.Y. doctors challenge liability insurance report
American Medical News, Chicago, IL - Jul 2, 2009
...While payouts are important in determining medical liability insurance costs, the report ignored other factors, including rising defense costs and the impact of meritless claims, said Mo Auster, counsel for the Medical Society of the State of New York's government affairs office...

Opinion - Carter Wood: Trial lawyers playing defense on health care reform? Really?
PointofLaw.com, Manhattan Institute, NY - July 2, 2009
...If this were really a priority, wouldn't we be seeing a high level of activity, table pounding and persuasion coming from the trial lawyers? News releases, op-eds, floor speeches? Have you seen anything on the TV about medical liability reform?...


Medical malpractice news

Thursday, July 02, 2009
 
Emotion, few details, in Obama's health care pitch
Dayton Daily News, OH (Associated Press) - Jul 2, 2009
...Obama said, however, that he is working with the American Medical Association to explore ways to reduce liability for doctors and hospitals "when they've done nothing wrong." He offered no specifics for a problem that has vexed the medical and legal industries for decades...

News on revenues isn't good, but it's not all that bad
The Telegraph, Hudson, NH - Jul 2, 2009
...Hodgdon said the state's $89 million Rainy Day Fund will shrink to $20 million to help close the gap and the state is counting on $65 million from a medical malpractice underwriting group's surplus...

A $119 million or larger hole in the budget?
Fosters Daily Democrat, Dover, NH - Jul 2, 2009
...Judge Kathleen McGuire has set July 10 as the deadline for dispositive motions in the matter of the malpractice fund and replies must be submitted by July 17. A final hearing has been set for July 21 and McGuire is expected to issue a final ruling by the end of the month...

Editorial: If JUA is DOA: What's Lynch's backup plan?
New Hampshire Union Leader, Manchester, NH - Jul 2, 2009
...The state constitution requires a balanced budget. But we might have just ended one $65 million in the red. If that's the case, Lynch will have to find the money somewhere else. But where?...

Bill lets sizeable medical malpractice awards be made public
The News & Observer, Raleigh, NC - Jul 2, 2009
...The bill, which must now be signed into law by Gov. Bev Perdue, allows the N.C. Medical Board to publicly post medical malpractice awards of $75,000 or more on its Web page...

State budget debate rages on as first day of fiscal year passes
Pittsburgh Post-Gazette, PA - Jul 2, 2009
...Then he would use some or all of the state's $750 million Rainy Day Fund, part of a $700 million surplus in an account for medical malpractice premiums, $174 million generated by leasing land for natural gas extraction, and money left over from previous budgets...

Somerset Hospital launches teaching program
WJAC-TV, Johnstown, PA - Jul 1, 2009
With high malpractice insurance rates and low reimbursements, recruiting new doctors to Pennsylvania hospitals has historically been a huge challenge. However, one hospital in the Alleghenies has started a new program that will help them with their efforts now and for years to come...


Medical malpractice news

Wednesday, July 01, 2009
 
Gov. Lynch signs $11.5B budget
SeacostOnline.com, Portsmouth, NH (Associated Press) - Jul 1, 2009
...On Monday, a judge froze $110 million in a malpractice insurance fund the state planned to use toward balancing the budget for 2009 and the budget Lynch signed Tuesday. The state set up the fund to ensure that affordable malpractice insurance would be available...


Budget signed: 950 state workers could lose jobs
The Union Leader, Manchester, NH - Jul 1, 2009
...The $11.5 billion package is balanced with the help of $110 million in surplus at the Joint Underwriting Association, a medical malpractice insurance pool for health care providers. A Belknap County Superior Court judge froze the funds Monday, blocking the state from taking them until she rules on a lawsuit brought by JUA members...

Editorial: Health care lawsuits
The Washington Times, DC - Jul 1, 2009
...If Mr. Obama is serious about making health care less expensive, he will have to fix the liability system. That means taking on his own kind - the lawyers. That's not a very likely remedy.

Docs speak out on health care reform
Ambler Gazette, Fort Washington, PA - Jun 30, 2009
...“Malpractice reform must be a key element of any reform. We need to resolve conflicts in a different fashion,” Montgomery County Medical Society President Mark Lopatin agreed...

Medical liability insurer dropping rates by 11% in Texas
Insurance Journal, CA - Jun 30, 2009
...Austin, Texas-based medical professional liability insurer, Medicus Insurance Company (Medicus) has announced an overall 11 percent rate decrease for its insureds in Texas...

Opinion - John Stossel's Take: Epstein's reform proposal
ABC News - Jun 30, 2009
...Let's do away with all medical malpractice suits. Replace them with criminal penalties for deliberate or wanton malpractice."...


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