The title of this post is the title of a law review article that appears in Vol. 5, Issue 1 of the Yale Journal of Health Policy, Law and Ethics: www.dayontorts.com/uploads/file/Debunking Medical Malpractice Myths(1).pdf. Here is the last paragraph of the article: No one denies that there is a broad array…
I recently wrote about a few of the ways the tort reform legislation that hit Tennessee effective October 1, 2011 will impact the victims of the fungal meningitis outbreak. Heidi Hall of the Tennessean talked to one of the sponsors of the tort reform legislation. This is what he…
The fungal meningitis outbreak discovered in Nashville and now spread to other states (Minnesota, Ohio, Florida, North Carolina, Indiana, Michigan, Virginia and Maryland) will shed new light on compounding pharmacies and epidural steroid injections. But it will also shed a light on the tort reform statutes that placed limitations on the…
Yet another effort to restrict the right of jurors to award damages based on evidence has been declared unconstitutional. This time, the Supreme Court of Missouri struck down the damage caps imposed on damages for pain, suffering, disfigurement, and disability. In Deborah Watts as Next Friend for Naython Kayne Watts…
Article 1, Section 17of the Tennessee Constitution provides that " all courts shall be open; and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.” The Tennessee Attorney…
The Tennessee Attorney General has weighed in on the "Restrict the Civil Justice Rights of Tennesseans In Exchange for the False Promise of Low Paying, Unspecified Jobs Without Benefits Act of 2011," more commonly known as the Tennessee Civil Justice Act of 2011. Senator Jim Kyle made these inquiries? …
Three professors have conducted a study to see if legal restrictions on patient rates have had an impact on the supply of physicians. The result? The researches found no evidence that the legal changes increased the supply of primary care physicians or specialists. But then again, they relied on facts. The…
The Pop Tort has done a nice job collecting information about Americans Legislative Exchange Council (ALEC), the corporate, right-wing group that sponsors a terrible array of legislation that has found its way to the Tennessee General Assembly. Read and learn about the dirty underside of our poliltical process.
Oral arguments were held a couple months ago on the validity of caps on damages under tort reform measures in medical malpractice cases in Florida. The arguments on now available on the Web.
Medical malpractice case filings were up last year but are still below the filings for the year when the first tort reform hit medical malpractice cases. October 1, 2008 was the date that pre-suit notice and certificates of good faith became required. In the year before the law change, 646…