Medical providers, their professional associations, and lobbyists often claim that limiting recoveries in malpractice lawsuits will lower healthcare costs. This is called tort reform, or as some of us like to refer to it, tort deform. In 2004, Ohio passed a law limiting verdicts for pain and suffering to $250,000 except in catastrophic cases, restricting punitive damages and making it harder … [Read more...]
US Supreme Court Dismisses Malpractice Claim Against Public Health Service Employees
May 5, 2010 By
Francisco Castenada was being detained by immigration authorities. He consistently sought treatment for a bleeding lesion. A physicians assistant and three outside specialists repeatedly stated that Castenada urgently needed a biopsy. A Public Health Service physician and a Public Health Service officer, however, denied the request. After Castenada was released from custody, tests confirmed … [Read more...]
Court Orders Pennsylvania to Fund Malpractice Assessment Account
April 21, 2010 By
In Pennsylvania, a medical professional fund, known as the MCARE Fund, has been established. This Fund is used to pay malpractice claims against medical providers in excess of their basic insurance coverage. The MCARE Fund is funded by an assessment on each participating healthcare provider. In 2003, Pennsylvania enacted an abatement law to reduce or eliminate … [Read more...]
New England Journal of Medicine Article: Malpractice Reform Should Focus On Disclosure and Early Resolution
April 15, 2010 By 22 Comments
In a recent article published in the New England Journal of Medicine (March 31, 2010), the authors recognize that traditional methods of malpractice reform, such as state caps on non-economic damages, may not be working. As noted in the article, this past February the Illinois Supreme Court ruled that the state’s cap was unconstitutional. There are three distinct … [Read more...]
Pennsylvania Medical Malpractice Lawsuit Filings Decrease Dramatically
April 8, 2010 By 51 Comments
From 2003 to 2008, lawsuits for medical malpractice cases in Pennsylvania decreased 37% to 41% from the average number of cases filed in 2000 to 2002. This information is from statistics compiled by the Pennsylvania Supreme Court. Also according to the Pennsylvania Supreme Court, for 2008, the most recent year available, the doctor, hospital or other medical provider won in … [Read more...]
Jury Finds for Plaintiff in Highly Contested Allegheny County, PA Motor Vehicle Accident
April 2, 2010 By 81 Comments
I was recently successful in securing a favorable verdict for an Allegheny County, PA motor vehicle accident victim. Alhaj v. C&K Industrial Services, Inc. and Keeder, No. GD08-001439 (Allegheny County, PA February 5, 2010). This motor vehicle wreck occurred in Munhall Borough, Pennsylvania. As the plaintiff pulled his car into an intersection, he was struck on … [Read more...]
Lawrence County, PA Court Rules in Favor of Limited Tort Auto Accident Victim
March 31, 2010 By 35 Comments
Harlan’s car was struck in the rear by a Pennsylvania State Police car. Harlan sued the Pennsylvania State Police for injuries. The state police asked the court to dismiss Harlan’s lawsuit because Harlan’s claim was governed by Pennsylvania’s limited tort law. Under Pennsylvania law, an auto accident victim with limited tort can only recover for out-of-pocket … [Read more...]
PA Supreme Court Refuses Appeal on Important Underinsured Motorist Case
March 26, 2010 By 20 Comments
Amanda Pusl was injured in a car wreck through the negligent driving of Matthew Means. After a two-day trial, a jury awarded Pusl $100,000 in damages for her injuries. Before trial, Pusl had already received $75,000 for these injuries from her own underinsured motorist insurance company, State Farm. $75,000 was the limit of Pusl’s underinsured motorist coverage with State … [Read more...]
New York Times Recognizes Validity of McDonald’s Lawsuit
March 11, 2010 By 3 Comments
Yesterday, the New York Times recognized what personal injury lawyers like me have known for a long time: companies that sell food to the public “have an undeniable responsibility to ensure their products are safe.” The editorial, titled “A Nonfrivolous Suit”, discusses a lawsuit against McDonalds filed in Virginia. This is not the famous McDonald’s hot coffee … [Read more...]
