“Medical Malpractice” vs. General Negligence: The Case of Falling Accidents
By Alex Stein As I wrote previously – see here, here, here, here, here, here, here, here, and here – whether a tort action sounds in “medical malpractice” as opposed to general negligence, or vice...
View ArticleNevada’s $350,000 Cap on Noneconomic Damages Held Constitutional and...
By Alex Stein Bad news for Nevada’s victims of medical malpractice. This state’s Supreme Court upheld the constitutionality of the $350,000 cap on noneconomic damages as limiting recovery for all kinds...
View ArticleMedical Malpractice: The New Wave of Constitutional Attacks on Damage Caps
By Alex Stein About forty-five years ago, tort reforms took off and states have started capping compensation awards for victims of medical malpractice. The plaintiffs bar countered this initiative by...
View ArticleTort Reform in Oregon: Constitutional, After All?
By Alex Stein Three years ago, Oregon’s Supreme Court voided the state’s $500,000 cap on noneconomic damages for medical malpractice for violating the constitutional guarantee that “In all civil cases...
View ArticleThe High Cost of Clinical Negligence Claims
By John Tingle In the UK, the Department of Health (DH) have just published a consultation paper on introducing fixed recoverable costs in lower value clinical negligence claims. The document contains...
View ArticlePresident Trump’s Tort Reform
By Alex Stein President Trump’s budget for Fiscal Year 2018 proposes a thoroughgoing reform of our medical malpractice system [Executive Office of the President of the United States, Major Savings and...
View ArticleCAVEAT HOSPITIA: Suits Alleging Negligent Credentialing Against Hospitals Get...
By Alex Stein Policymakers and scholars interested in medical malpractice and torts generally should read Billeaudeau v. Opelousas General Hospital Authority, — So.3d —-, 2016 WL 6123862 (La. 2016). In...
View ArticleCurrent trends in clinical negligence litigation in the National Health...
By John Tingle NHS Resolution (the new operating name for the NHS LA, National Health Service Litigation Authority) occupies a central role in the NHS clinical negligence claims environment. They...
View ArticleHouse of Commons Report: Managing the Costs of Clinical Negligence in NHS...
By John Tingle The House of Commons Committee of Public Accounts (Committee of Public Accounts) has recently considered the issue of managing the increasing clinical negligence costs in NHS (National...
View ArticleFlorida Caps on Noneconomic Damages Held Unconstitutional
By Alex Stein STEIN on Medical Malpractice has published a survey of noteworthy court decisions in the field for 2017. This survey includes an important decision, North Broward Hospital District v....
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