Courtroom gavel on a desktop in front of law books.
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3 Min Read

Oregon supreme court case could alter legal definition of injury

At stake is whether or not the Oregon Supreme Court should determine if “loss of chance” for a better outcome should be recognized as a legal injury in medical liability lawsuits. Existing law doesn’t include loss of chance.

Judicial Advocacy
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2 Min Read

Court decides: Is patient safety information protected?

A Florida district court of appeal considered whether patient safety information is protected from disclosure under a federal act in a medical liability case against a hospital and its physicians.

Judicial Advocacy
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3 Min Read

Medical liability reform at risk in state supreme court case

One of the nation’s leading medical liability reform laws could be undercut in a case before a state supreme court. Also tied up in the balance is access to essential medical care for thousands of patients in a highly underserved region of the country.

Judicial Advocacy
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2 Min Read

How the SGR repeal law affects medical liability

The Medicare Access and CHIP Reauthorization Act (MACRA) has a variety of provisions, including one that prevents federal health care reform laws and regulations from being used as grounds for medical liability.

Medicare & Medicaid
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2 Min Read

Medical liability damages cap upheld

The nation’s leading medical liability reform law has been upheld yet again in a California court of appeal. The court found the state’s cap on noneconomic damages is constitutional. The cap is set at $250,000.

Judicial Advocacy
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2 Min Read

California damages cap under the MICRAscope

Physicians in California could lose the valuable protections of the Medical Injury Compensation Reform Act (MICRA) if a case before a state court of appeal is reversed. The case examines whether the state’s cap on non-economic damages violates the right of trial by jury and equal protection.

Judicial Advocacy
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3 Min Read

Changes in medical liability reform set in motion

The current medical liability climate places a wedge between physicians and their patients, according to the AMA. However, the AMA is pursuing legislative reform efforts at both the federal and state levels.

Federal Advocacy
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2 Min Read

Case tackles qualifications for expert witness testimony

The subject of expert witness testimony is up for debate in a case before the District of Columbia Court of Appeals. In Motorola v. Murray, the issue now before the court is the standards for qualifications of expert witnesses who testify on scientific issues.

Judicial Advocacy
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2 Min Read

State high court to rule on physicians' duty of care

Do physicians owe a duty of care to someone other than their patients? This question is at the center of a case before the New York Court of Appeals after a bus driver was injured in a head-on collision with a car driven by a recently discharged patient.

Judicial Advocacy