medical malpractice lawsuits News

Negligence or Medical Negligence? Florida Supreme Court Offers Clarity

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 …

Oklahoma’s Medical Malpractice ‘Affidavit of Merit’ Law Ruled Unconstitutional

In an unpublished opinion decided Oct. 24, the Oklahoma Supreme Court ruled that a state law aimed at curtailing the filing of medical malpractice lawsuits is unconstitutional.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, …

Ohio Supreme Court: Apology Expressing Fault Can’t Be Used in Lawsuits

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 …

Bills Still Active in Iowa: Medical Malpractice Caps, Limits on 911 Call Access

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 …

Limits on Non-Economic Medical Damages to Be on Arkansas Ballot

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 …

New York Lawmakers Push to Extend Deadline for Med-Mal Suits

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 …

Florida Appeals Court Ruling Opens Door for Cruise Line Malpractice Suits

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, …

Why Damages Caps Won’t Fix Malpractice Laws: Peter Orszag

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 …

Debate Stalls on Missouri Malpractice Liability Limits Legislation

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. …