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Worthy Items
(Submissions Welcomed)
Malpractice Reform Efforts:
The National Conference on State Legislatures reports a lower pace of State Malpractice Reform Legislation in 2005, with 19 states proposing bills, down from 48 states in 2005. They also appear to doubt that federal legislation will be proposed, and they themselves oppose a federal solution.
Texas Rates
Drop On Prop. 12 Passage
Bitter Fight Goes To Ballot in Malpractice Showdown: Four States (FL, NV, OR, WY) have measures for reform and caps on November Ballot. "We have open warfare..." Nevada State Medical Association. Read it here
NY Neurosurgeons met in New York City September 20th, 2004
and key points of that meeting, with their reform recommendations are linked here.
It is a fine summation of the problem, and sobering assesment of the challenge.
Doctors for Malpractice Legislation Reform, have an organized effort to make a difference for doctors and patients at a Federal level. We summarize their effort.They have four organized campaigns to change the Senate: GA, NC, SC, WA, with more information here.
Combined Specialties, 230,000 MDs Strong, Struggle For Reform And A New Senate
Four States in Bitter Ballot Showdown For Reform
Tort Reform Update: Bush Team Goes For Drug Liability Reform By Regulatory Route
The Election And Tort Reform, What Is The Implication of Who Wins?
Florida
Medical Malpractice "Third Crisis" and Legislative Proposal
Govenor's
Proposal ,Current
Legislative Action May Be Superseded By Ballot
Florida Medical Association and Trial Lawyers propose dueling
issues for public vote.
Senate
S 2061, part of an incremental effort to protect specialites, is
withdrawn failing Cloture.
By
a vote of 48-45 the motion to invoke cloture was not agreed to.
The Senate will not move to the Medical Malpractice bill.
Current Legislative
Strategy. S. 2061 was the first in a series of “incremental”
bills that will be introduced in the U.S. Senate this year. The
U.S. House of Representatives passed a comprehensive medical liability
reform bill – H.R. 5, the HEALTH Act -- in March of 2003.
However, a similar billed failed in the Senate last July when Republicans
were unable to gain enough votes to override a Democrat-led filibuster.
In an effort to keep the issue of medical liability reform front
and center and provide a bill that is “conferenceable” with the House bill, Senate Republican leadership, with the support
of President Bush, has opted to hold votes on a series of smaller,
targeted bills that have a greater chance of passage. The American
Association of Neurological Surgeons and the Congress of Neurological
Surgeons support this approach as the best possible tactical option
available to us at this time.
An
excellent discussion by a board panel on malpractice in Illinois.
A
further article on Illinois malpractice, and
a legislative proposal.
Texas passes noneconomic damages
limit
Florida Limits reported to not
have a practical impact.
Legal Case Decisions:
Doctor
liable for not giving enough pain medicine
From the Plaintiff's Side:
Senate
votes on class action status,
Factors at work in Malpractice Cases:
Hindsight
bias is insidious and not readily appreciated. Hindsight can interfere
with the exercise of clinical judgment. Medical malpractice plaintiffs
are favoured by hindsight bias.
Countersuing:
Fighting
frivolous lawsuits: Doctors engage in an uphill battle
Doctors
Can Fight Back : Physician's Money Digest
Docs
Return Fire: Countersuing in frivolous malpractice case
Medical
Justice Partners with Local Insurance Brokers to Battle "Frivolous"
Malpractice Lawsuits
Medical-Justice helps physicians with organized countersuits.
Insurance Deceptions and Risks:
Insurance
Scams in Florida
Expert Witness Testimony, Issues:
Florida
MD Loses License Based on Expert Testimony
Update:
Expert Witness: Gary Luntsgarten
Malpractice Issues By State:
Pennsylvania malpractice reform fails, physicians pay
higher premiums
Florida
Crisis Spreads to Entire State
Georgia
Declared Crisis State
Decreased
Insurance Availability in Florida
South
Florida Medical Malpractice Stats
Insurance Strategies:
Going
Bare in Florida
New Risks:
Three
Strikes and You're Out
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