An Arizona Supreme Court decision says medical malpractice lawsuits involving unclear causes of death or other injury can’t proceed without sufficient expert witness testimony providing guidance for jurors. The court’s decision stemmed from the 2012 death of a 4-year-old boy …
Whether a claim arises out of medical negligence and is subject to the presuit screening requirements of Chapter 766 of the Florida Statutes is a question legal practitioners and courts alike have struggled with for years. In April 2018, the …
In an unpublished opinion decided Oct. 24, the Oklahoma Supreme Court ruled that a state law aimed at curtailing the filing of medical malpractice lawsuits is unconstitutional. The Court came to that conclusion in reviewing John v. Saint Francis Hospital, …
The Ohio Supreme Court has ruled that an apology by a medical provider that includes an admission of liability can’t be used in a later lawsuit against the provider. At issue in the court’s Tuesday decision was the state’s “apology …
Legislation capping recoveries in medical malpractice awards and a bill that would limit public access to 911 call information are still alive the Iowa Legislature. Medical Malpractice Caps The legislation would limit financial recoveries for pain and suffering in medical …
Arkansas voters this fall will be allowed to consider a constitutional amendment that would limit non-economic damages in lawsuits against healthcare providers and set a limit on contingency fees lawyers could receive in medical injury cases. It joins four other …
Legislation before state lawmakers in New York would significantly change medical malpractice law by allowing patients to sue years after an alleged misdiagnosis or mistreatment. Patients currently must file lawsuits within 2 1/2 years after the alleged malpractice. The bill …
Pasquale Vaglio, a retired New York City policeman and Korean War veteran, was on the cruise of a lifetime with 18 family members in the summer of 2001 aboard Royal Caribbean’s “Explorer of the Seas.” Then, the accident happened. Vaglio, …
I have long believed that reforming U.S. medical malpractice laws could bring significant benefits, and new research supports that notion. Before conservatives get too excited, though, the evidence suggests the right way forward is not to impose arbitrary caps on …
An effort to reinstate Missouri’s cap on noneconomic damages in medical malpractice lawsuits stumbled on April 30 in the state Senate. Senators discussed the legislation for about eight hours and worked into night but did not reach a vote. Sen. …
