According to the Administrative Office of Pennsylvania Courts, in 2009 there were only 1,533 medical malpractice lawsuits filed in Pennsylvania. This represents a 42 percent decline in medical malpractice lawsuits in Pennsylvania since 2000. … [Read more...]
Hot Coffee Director: Tort Deform Myths
March 16, 2011 by
Check out this interview with the director of Hot Coffee. This film debunks the myth that there are too many frivolous lawsuits. Every consumer should watch this movie before being tricked by the propaganda of the insurance industry and Chamber of Commerce. Hot Coffee Interview: … [Read more...]
Medical Malpractice Myths
February 16, 2011 by
Here is a video that addresses many of the medical malpractice myths: … [Read more...]
Pennsylvania Car Insurers May Prorate Deductibles
July 1, 2010 by
If you are in a motor vehicle crash and you have collision coverage with your automobile insurance company, your insurance company may pay for the damages to your vehicle regardless of who was at fault. This is often done as a matter of convenience and to expedite payment. If another driver or entity is at fault, your insurance company will then make a claim for reimbursement against the other driver and his or its automobile liability insurance company. This is called subrogation. In Pennsylvania, your insurance company will include in its subrogation claim your deductible, if any. If your insurance company … [Read more...]
Tort Reform Laws Don’t Lower Healthcare Costs
May 28, 2010 by
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 to take a case to trial. Healthcare costs have continued to increase there despite this legislation. According to the Kaiser Family Foundation, by 2008 the average family healthcare premiums were $11,425, an increase of 19%. … [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 that he had metastatic cancer. Castenada sued the United States under the Federal Tort Claims Act. He also sued the Public Health Service employees for constitutional violations. After Castenada died, his heirs became … [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 MCARE providers’ required contributions to the MCARE Fund. To fund the abatement program, Pennsylvania established a special account known as the HCPR Account. The HCPR Account was, in turn, funded by increased cigarette taxes and a traffic violation … [Read more...]
New England Journal of Medicine Article: Malpractice Reform Should Focus On Disclosure and Early Resolution
April 15, 2010 by
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 types of “disclosure and offer” programs. To discourage lawsuits, each of these programs encourage candid disclosure about medical injuries, apologies when appropriate and providing for the patient’s financial needs, in at least a limited … [Read more...]
Pennsylvania Medical Malpractice Lawsuit Filings Decrease Dramatically
April 8, 2010 by
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 over 81% of the medical malpractice lawsuits filed. Here in western Pennsylvania, the medical providers also won the malpractice lawsuits most of the time. For instance, in Allegheny County the jury found in favor of the medical provider in 14 … [Read more...]
Jury Finds for Plaintiff in Highly Contested Allegheny County, PA Motor Vehicle Accident
April 2, 2010 by
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 the passenger side by a truck coming up the intersecting street on his left. The plaintiff had a stop sign, but the truck driver did not. This presented a challenge in proving that the truck driver was responsible. An accident … [Read more...]
