Medical Malpractice

• What Really Drives Medical Malpractice Premiums

  Jamie G. Goldstein | March 06, 2007 8:00 AM | 1 CommentChicago, IL

  In Illinois and across the country, doctors are repeatedly blaming lawsuits as the cause for rising medical malpractice premiums. Many doctors use this as a reason to push for tort reform and caps on awards, but these doctors may be putting the blame in the wrong place.The truth is that in the last several years medical malpractice payments have declined. The cause of these payments is a small...

• Malpractice Caps Denied In Hawaii

  Jamie G. Goldstein | March 05, 2007 5:45 PM | 0 CommentsChicago, IL

  As a follow up to a previous post about possible caps on medical malpractice lawsuits in Hawaii, on Thursday March 1, 2007, the House bill in Hawaii, happily died. So for now, Hawaii has been spared from caps on awards in medical malpractice cases. Other states, including Illinois, have not been so lucky.In Illinois, there are currently caps on non-economic damages. These caps were passed...

• A Fight for Medical Malpractice Caps

  Jamie G. Goldstein | February 27, 2007 3:30 PM | 0 CommentsChicago, IL

  In Tennessee tomorrow there will be a hearing to consider creating caps on non-economic damages in medical malpractice cases. The cap would be at $250,000. Another proposal that will be heard is to require plaintiffs and defendants to file a certificate of merit in cases. Tennessee is not the first and certainly will not be the last state to look at similar proposals. Illinois has also had...

• A New Method to Avoid Medical Malpractice Lawsuits?

  Jamie G. Goldstein | February 27, 2007 10:00 AM | 0 CommentsChicago, IL

  Doctors are finding yet another way to try and avoid medical malpractice lawsuits. Doctors are now turning to researchers who are "scientifically" reviewing medical malpractice lawsuits. These new companies are attempting to discover new ways doctors can avoid medical malpractice litigation and are eager to share with curious doctors.The real question is, why is everyone spending so much time...

• Increase in Surgeons Operating on Wrong Body Site

  Jamie G. Goldstein | February 27, 2007 9:30 AM | 0 CommentsChicago, IL

  In 2006, there was an increase in the reports of wrong site operations in the United States. There were 86 reports in 2006 to the Joint Commission of surgeries performed on the wrong site. Universal precautions were institututed two years ago but may not be helping. The number of reported incidents may also be misleading. Doctors and hospitals often do not report wrong site surgeries for...

• Virginia Supreme Court Asked to Give Immunity to Doctors

  Jamie G. Goldstein | February 26, 2007 12:22 PM | 0 CommentsChicago, IL

  Recently, a case went up to the Virginia Supreme Court requesting that doctors be found immune from medical negligence. The doctors argue that they fall under the immunity protection of the state because the hospital is a charitable organization. If the Court agrees, the doctors would not be liable for negligent acts against their patients.The doctors' argue that the hospital is a charitable...

• Jury Awards $30 Million Against Hospital

  Jamie G. Goldstein | February 26, 2007 12:17 PM | 0 CommentsChicago, IL

  A Florida family was awarded over $30 million after a jury found that the Lee Memorial hospital failed to properly care for a mother and her baby while the mother was giving birth. The failure of the hospital to properly care for the mother resulted in the baby, who is now nine years old, having permanent braing damage,Aaron Edwards, who was born in 1999, suffered from brain damage as a result...

• The Myth About Medical Malpractice Caps

  Jamie G. Goldstein | February 21, 2007 10:01 AM | 0 CommentsChicago, IL

  Hawaii is the latest state pushing for additional caps on medical malpractice recovery. The governor, Linda Lingle, believes that if Hawaii were to cap malpractice awards, it would help keep doctors in small rural towns. She believes that high awards in medical malpractice cases are causing insurance premiums to rise and doctor's are fleeing small towns. The truth, however, is that there are...

• Jury Awards Less Because of Push for Tort Reform?

  Jamie G. Goldstein | February 20, 2007 9:00 AM | 0 CommentsChicago, IL

  A jury in Madison Country recently awarded James Halloway $450,000 because he suffered from a botched spinal x-ray. The man was injected with the wrong x-ray dye which caused severe complications, including a two week hospital stay. The defendant doctor admitted to injecting the Halloway with the wrong chemical dye but said that his injuries were not related to the dye.James Halloway's...

• Tort Reform Hurts Sponsor

  Jamie G. Goldstein | February 17, 2007 8:45 AM | 0 CommentsChicago, IL

  Politicians are armed and ready to pass as much tort reform legislation as possible, but what happens when those supporters who get just what they wished for? Alvin Berry knows the answer to that question. In 2003 Berry voted for Proposition 12, a tort reform package that was passed in Texas. The passage put severe limits on the ability for individuals to bring medical malpractice lawsuits. ...