Medical Malpractice Awards

TX may change medical malpractice law

Anne Zieger — Tue, 02 Sep 2008 13:12:34 -0400

In 2003, Texas approved a constitutional amendment limiting non-economic damage in medical liability cases to $250,000 for physicians. Since then, liability insurance rates have fallen and doctors have flowed into the state, changes physicians attribute to the 2003 med mal reforms, which limit non-economic damages, but don't cap economic awards. In fact, Texas physicians have seen a 24 percent overall drop in medical liability rates since 2003. And medical license applications jumped 58 percent since 2003, from 2,561 to 4,041.

Now, however, opponents of the cap have taken their case to federal court, asking to have it declared unconstitutional. They're arguing, among other things, that the Texas law violates patients' jury trial and due process rights by setting an arbitrary recovery limit. The case is now pending in U.S. District Court for the Eastern District of Texas.

These opponents argue that any proposed benefits from access to care from caps shouldn't trump patients' legal rights. Meanwhile, they note that prior to the 2003 caps, many carriers had increased rates by as much as 150 percent, a rise that hasn't even been covered yet.

To learn more about this initiative:
- read this AMNews item

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Judge overturns GA's medical malpractice damages limit

Fri, 02 May 2008 06:59:54 -0400

A Georgia judge has struck down the state's cap on monetary awards in medical practices, a move that could remake the state's 2005 tort reform law. The judge held that the state's $350,000 cap on noneconomic damages was unconstitutional, as in his view, it gave special protection to the medical profession. The case arises from injuries sustained by Cheon Park, who fell from a ladder and became a quadriplegic. Park's attorneys say that the treating facility, WellStar Douglas Hospital, missed injuries to the neck and spine that led to his quadriplegia. While the current decision doesn't apply to other cases, it will go to the Georgia Supreme Court if the defendants appeal. That court could officially overturn the state caps.

To learn more about the case:
- read this Atlanta Journal-Constitution piece

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San Francisco agrees to $5M medical malpractice settlement

San Francisco agrees to $5M medical malpractice settlement

Thu, 01 May 2008 06:59:56 -0400

San Francisco city officials have agreed to pay $5.1 million, one of the biggest payouts it has ever made, to settle a case of medial malpractice at its San Francisco General Hospital. The city admitted to mistakes in the case of John Weatherspoon III, who suffered cardiorespiratory failure in 2005. Medical staff failed to monitor Weatherspoon after dosing him with sedatives, and he spent nine minutes "down," which resulted in his suffering an anoxic brain injury. The funds will be used to pay for home care for the remainder of his life.

To learn more about the case:
- read this San Francisco Chronicle article

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