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4 Min Read

Case threatens limit on interstate medical liability exposure

When a patient crosses state lines seeking treatment and then suffers complications or death, which state holds jurisdiction over the physician involved?

Judicial Advocacy
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5 Min Read

State supreme court could narrow confidentiality of physician peer-review

To be effective in improving quality of care, peer-review of physicians requires confidentiality. A state supreme court case examines a case involving a third-party peer-review.

Judicial Advocacy
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4 Min Read

Medical liability suit seeks change to informed consent for surgery

State supreme court examines whether a patient’s informed consent to surgery can be predicated on information provided in part by a physician’s assistant, as opposed to just the physician.

Judicial Advocacy
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3 Min Read

Challenge to medical liability law could complicate discovery

State supreme court of Florida studies challenge to pre-suit investigation requiring plaintiff to authorize release of confidential health information as a condition of bringing a lawsuit for medical liability.

Judicial Advocacy
Hands being sworn in on a book in court.
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4 Min Read

Banning expert testimony from liability cases: Court decides

Does a physician have the right to present expert testimony that differs from the plaintiff’s? A Wisconsin court of appeals rules it’s jury’s role to decide which competing scientific theory best fit facts of the case.

Judicial Advocacy
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4 Min Read

California court decides on medical liability protections

At issue is if a claim based on medical negligence committed against an elderly patient could give rise to action under the California Elder Abuse Act. This approach would avoid protections allowed in medical negligence cases under state law.

Judicial Advocacy
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3 Min Read

Court case could lead to unlimited awards of punitive damages

The Tennessee Supreme Court is reviewing a dispute between a life insurance company and the policy beneficiary. A jury initially awarded the beneficiary punitive damages which the insurance company claims violate a state law that caps such awards.

Judicial Advocacy
Close-up of gavel and scope resting on a desk.
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3 Min Read

Illinois supreme court case could extend medical liability

An Illinois case involving the statute of limitation for filing a wrongful death lawsuit is under review by the state supreme court. The case revolves around when the filing period starts. Is it from the time of death or when the plaintiff learns of circumstances that may have contributed to or caused death?

Judicial Advocacy
Columns in front of US courthouse.
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6 Min Read

How medical liability reforms will be advanced, challenged in 2016

Details of plans the AMA has to continue to address upcoming medical liability reform efforts that drain health care resources that could be devoted instead to improved quality of care and access for patients.

Federal Advocacy