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Category Archives: Medical Malpractice

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Broad Study Finds No Impact for Medical Malpractice Damages Caps as Tools to Adjust the Supply of Physicians

Posted in Caps on Damages, Medical Malpractice
A new study highlights an irony as to the value (or not) of damages caps in medical malpractice cases as a tool for adjusting the supply of physicians in geographic areas or medical specialities. The new study finds no empiric support for the caps, with high confidence intervals. There is irony in the report because… Continue Reading

Childbirth Left Her a Quadriplegic After Medical Malpractice; How Would Damages Caps Be Fair to this Family?

Posted in Caps on Damages, Damages, Insurance, Litigation Industry, Medical Malpractice, Policy Issues
Advocates of damages caps in medical malpractice cases seldom, if ever, confront the gross unfairness of leaving on one person the economic burden of a medical error. That risk instead can and should be spread to many since actuaries say they can predict the general patterns of medical treatments and error rates, and can provide… Continue Reading

A Potential Blockbuster – California Supreme Court to Review Constitutionality of Caps on Medical Malpractice Damages

Posted in Medical Malpractice
A potential new blockbuster case is now in the works because the California Supreme Court agreed to review the constitutionality of financial caps on damages in medical malpractice cases. The story is noted in a November 26, 2014 story at Insurancenewsnet.  The story is mainly a restatement of a press release from a plaintiff’s advocacy… Continue Reading

Chicagoans Contribute Facts to the Arguments About Caps on Medical Malpractice Recoveries

Posted in Medical Malpractice
Some Chicagoans at Northwestern have contributed a factual study to the arguments back and forth about caps on medical malpractice claims.   The authors conclude that imposing caps on medical malpractice verdicts appears to encourage hospitals to reduce safety efforts.  The study is in SSRN. The abstract states: “Abstract: A principal goal of tort law is… Continue Reading

RAND Speaks Again – Factual Evidence Knocks Out Medical Malpractice Myths

Posted in Litigation Industry, Medical Malpractice, Science
Forbes and others are reporting on the latest set of facts and research on effects – or lack of effects – from so-called “medical malpractice reform.” The data is from RAND, and is published here in the NEJM. An October 15 ,2014 story from Forbes provides an overview. Here’s the key quote: “A new analysis… Continue Reading

New Data on Med Mal Cases in the US

Posted in Medical Malpractice
Courtesy of a post and link from the Torts Prof Blog, readers can go here to Beckers to see excerpts of new data from Aon (an insurance broker) on med mal cases in the US.  That post in turn links to the source article from Aon. According to Aon:  "Noteworthy Statistics from the 2013 Aon/ASHRM… Continue Reading

“Learning from Litigation” – Study by UCLA Law Professor Suggests Medical Malpractice Litigation Aids in Creating Transparency and Reduction of Malpractice

Posted in Medical Malpractice
A New York Times oped article today urges that medical malpractice litigation is serving a positive role in efforts to reduce the unfortunately vast amount of medical malpractice that occurs annually. Happily, the oped is backed up by a research paper and so it’s not just opinion.  The author, Joanna C. Schwartz, is a UCLA… Continue Reading

More Data Estimates on the Breadth of Medical Malpractice, and Its Apparent Preventability

Posted in Medical Malpractice
A new JAMA Internal Medicine commentary article highlighted by PopTort via HuffPost makes for interesting but depressing reading in highlighting the volume of medical errors that may be out there. Set out below are excerpts from the article – note especially the words in bold; the numbers are footnote references, which are excluded here but available in… Continue Reading

When Medical Malpractice Happens, the Best Answer Remains Admitting Fault, Apologizing and Paying the Claim

Posted in Medical Malpractice
Business Insurance has a new article by Louise Kertesz on the best strategy for dealing with medical malpractice – admitting fault, paying the claim and moving forward. The topic truly matters because malpractice in general continues at alarming rates as described by the New England Journal of Medicine, and specific examples are sometimes horrific, as… Continue Reading

Federalism, Posturing and Medical Malpractice Laws

Posted in Medical Malpractice
The posturing and faux debating is ongoing here (plaintiff side) and here (defense side) as to whether or how the federal government could pass a law governing medical malpractice. It’s certainly ironic that some on the defense side suggest the federal government cannot require purchase of health insurance, but do suggest that it regulate an area… Continue Reading

“Evidence” Indicates that 2003 Texas Medical Malpractice “Reform” Did Not Reduce Health Care Costsuments

Posted in Medical Malpractice
There are many ironies and inconsistencies in the world of arguments on tort law and "tort reform." One of the ironies is that proponents of "tort reform" often are inconsistent in their approach to evidence and outcomes. How so ? For one, "tort reform" advocates typically also are fond of demanding that juries and courts… Continue Reading

Medical Historian Looks at Current Medical Negligence Laws In a Historic Context, and Wonders About “Nudges”

Posted in Medical Malpractice
ScienceDaily strikes again by highlighting an interesting new article from Lancet (one of the finest medical journals in the world). The article is by a medical historian who focuses on medical negligence. Here’s the summary from the author’s university press release: "The UK coalition government’s planned NHS and welfare reforms, and their use of ‘nudge’ theory, hark back… Continue Reading

Another Reason to be Grateful for Good Health – New England Journal of Medicine Publishes a Major New Study Finding that Medical Malpractice Remains Ongoing at High Rates

Posted in Medical Malpractice
Updated with Newly Available Link to NEJM Article Thanksgiving of course is an excellent day to give thanks in general for good health. Now, here’s another reason to be thankful for good health.  The New England Journal of Medicine published on Thanksgiving a major new study  on medical malpractice. Sadly, the study finds that medical malpractice is continuing at high… Continue Reading