Med Mal News

The majority of the court's Civil Practice Committee had urged retention of the prejudgment interest award, asserting that prejudgment interest promotes settlements; that any sums due to a plaintiff are for damages suffered, and that withholding of such amounts allows the defendant to earn income; and that if juries were required to separate past and future economic damages, it would introduce more complexity to deliberations.

The court, however, apparently agreed with the Committee's dissenters, who argued that interest on future losses was illogical and that model jury instructions already provide the means to make plaintiffs whole.

Pennsylvania and Texas Start Long Tort-Reform Process

The Pennsylvania House of Representatives has approved a bill (HB 1326) that would allow caps on medical malpractice and most other tort action awards. That state's constitution, however, prohibits the legislature from capping damages. Therefore, a constitutional amendment will have to pass both houses and be approved by a statewide referendum before anything concrete changes in the area of tort-reform there.

Texas' tort reform measure capping non-economic damages at $250,000, passed by the legislature earlier this month, faces a similar uphill battle. Past legislation placing caps on damages has been found unconstitutional by the state's courts, so a referendum has been placed on the ballot for vote Sept. 13 seeking voter approval of a constitutional change that would render the reforms legal.

Florida Med School May Soon Be Immunized Against Med-Mal Suits

Florida's Governor Jeb Bush announced June 9 that one of the provisions of his plan to overhaul the state's medical malpractice laws would be a grant of sovereign immunity to the University of Miami's medical school, its doctors and students, from medical malpractice liability. Under state law, the school and its employees and students would then be subject to a maximum $100,000 liability for medical malpractice.

The bill does not specifically name the University of Miami, but it extends sovereign immunity to private universities that place their medical students on rotations at public hospitals. The only school to meet this criterion is the University of Miami. Governor Bush explained the proposal by noting that the university's personnel aid the state's indigent patients just as the state's publicly owned universities' doctors and students do; therefore, the university should be given the same protections against liability enjoyed by state institutions.

University of Miami's president, Donna Shalala, served on the governor's task force on medical malpractice, which has endorsed Governor Bush's proposals.

Durbin's Tax-Break Proposal

Senator Dick Durbin (D-IL) has proposed a bill to give doctors and hospitals an immediate tax credit on malpractice premiums. The proposal, read on the Senate floor and then referred to the Committee on Finance, calls for a credit in the tax years 2003 and 2004 for a percentage of the malpractice premiums doctors and hospitals pay. Doctors in high-risk specialties such as obstetrics, surgery and trauma care would be eligible for a tax credit of 20% of their premium costs. Doctors in low-risk specialties such as general practice and dermatology would receive a 10% tax credit on their premiums.

In a press release issued by Sen. Durbin's office, the senator noted that while tort reform is a complex issue that requires in-depth study before action is taken, something should be done to help the medical community now. “My approach provides immediate relief while allowing us to work out a comprehensive solution to the crisis,” Durbin stated.

New Jersey Docs Walk Out Again

Beginning June 19 and continuing to the end of the month, New Jersey doctors staged work slow-downs across the state in protest over rising malpractice insurance premiums. Dubbed “Operation Rolling Thunder,” the protest was timed to last until the state's Assembly recessed for summer on June 30.

Doctors in all 21 New Jersey counties reportedly took part in the series of one-day walkouts, which temporarily prevented many patients from receiving routine care from their physicians. This is the second time New Jersey's doctors have taken part in a protest of this kind: Approximately two-thirds of the state's doctors staged a similar walk-out in February.

The New Jersey State Supreme Court has banned prejudgment interest on future economic losses in tort actions as of July 1. For 26 years, the court's rulings have routinely awarded such interest, but the court reversed itself when it announced the new ban in a notice published June 2 in the New Jersey Law Journal (172 N.J.L.J. 694, June 2). Interest on non-economic damages was unaffected by the ruling.

The majority of the court's Civil Practice Committee had urged retention of the prejudgment interest award, asserting that prejudgment interest promotes settlements; that any sums due to a plaintiff are for damages suffered, and that withholding of such amounts allows the defendant to earn income; and that if juries were required to separate past and future economic damages, it would introduce more complexity to deliberations.

The court, however, apparently agreed with the Committee's dissenters, who argued that interest on future losses was illogical and that model jury instructions already provide the means to make plaintiffs whole.

The Pennsylvania House of Representatives has approved a bill (HB 1326) that would allow caps on medical malpractice and most other tort action awards. That state's constitution, however, prohibits the legislature from capping damages. Therefore, a constitutional amendment will have to pass both houses and be approved by a statewide referendum before anything concrete changes in the area of tort-reform there.

Texas' tort reform measure capping non-economic damages at $250,000, passed by the legislature earlier this month, faces a similar uphill battle. Past legislation placing caps on damages has been found unconstitutional by the state's courts, so a referendum has been placed on the ballot for vote Sept. 13 seeking voter approval of a constitutional change that would render the reforms legal.

Florida's Governor Jeb Bush announced June 9 that one of the provisions of his plan to overhaul the state's medical malpractice laws would be a grant of sovereign immunity to the University of Miami's medical school, its doctors and students, from medical malpractice liability. Under state law, the school and its employees and students would then be subject to a maximum $100,000 liability for medical malpractice.

The bill does not specifically name the University of Miami, but it extends sovereign immunity to private universities that place their medical students on rotations at public hospitals. The only school to meet this criterion is the University of Miami. Governor Bush explained the proposal by noting that the university's personnel aid the state's indigent patients just as the state's publicly owned universities' doctors and students do; therefore, the university should be given the same protections against liability enjoyed by state institutions.

University of Miami's president, Donna Shalala, served on the governor's task force on medical malpractice, which has endorsed Governor Bush's proposals.

Senator Dick Durbin (D-IL) has proposed a bill to give doctors and hospitals an immediate tax credit on malpractice premiums. The proposal, read on the Senate floor and then referred to the Committee on Finance, calls for a credit in the tax years 2003 and 2004 for a percentage of the malpractice premiums doctors and hospitals pay. Doctors in high-risk specialties such as obstetrics, surgery and trauma care would be eligible for a tax credit of 20% of their premium costs. Doctors in low-risk specialties such as general practice and dermatology would receive a 10% tax credit on their premiums.

In a press release issued by Sen. Durbin's office, the senator noted that while tort reform is a complex issue that requires in-depth study before action is taken, something should be done to help the medical community now. 'My approach provides immediate relief while allowing us to work out a comprehensive solution to the crisis,' Durbin stated.

Beginning June 19 and continuing to the end of the month, New Jersey doctors staged work slow-downs across the state in protest over rising malpractice insurance premiums. Dubbed 'Operation Rolling Thunder,' the protest was timed to last until the state's Assembly recessed for summer on June 30.

Doctors in all 21 New Jersey counties reportedly took part in the series of one-day walkouts, which temporarily prevented many patients from receiving routine care from their physicians. This is the second time New Jersey's doctors have taken part in a protest of this kind: Approximately two-thirds of the state's doctors staged a similar walk-out in February.

On July 10, the U.S. Senate killed legislation that sought to limit non-economic damage recoveries in medical malpractice suits to $250,000. It would also have capped punitive damages at the greater of $250,000 or twice the amount of economic damages. The vote was 49-48, with Republicans largely favoring it and Democrats opposing it. President Bush, who was pushing for passage of the bill, stated after the vote that he was dismayed by the outcome because access to quality health care is being jeopardized by frivolous lawsuits. The bill was similar to one passed by Congress earlier this year.

New Jersey Plaintiffs Lose Right to Interest

The New Jersey State Supreme Court has banned prejudgment interest on future economic losses in tort actions as of July 1. For 26 years, the court's rulings have routinely awarded such interest, but the court reversed itself when it announced the new ban in a notice published June 2 in the New Jersey Law Journal (172 N.J.L.J. 694, June 2). Interest on non-economic damages was unaffected by the ruling.

The majority of the court's Civil Practice Committee had urged retention of the prejudgment interest award, asserting that prejudgment interest promotes settlements; that any sums due to a plaintiff are for damages suffered, and that withholding of such amounts allows the defendant to earn income; and that if juries were required to separate past and future economic damages, it would introduce more complexity to deliberations.

The court, however, apparently agreed with the Committee's dissenters, who argued that interest on future losses was illogical and that model jury instructions already provide the means to make plaintiffs whole.

Pennsylvania and Texas Start Long Tort-Reform Process

The Pennsylvania House of Representatives has approved a bill (HB 1326) that would allow caps on medical malpractice and most other tort action awards. That state's constitution, however, prohibits the legislature from capping damages. Therefore, a constitutional amendment will have to pass both houses and be approved by a statewide referendum before anything concrete changes in the area of tort-reform there.

Texas' tort reform measure capping non-economic damages at $250,000, passed by the legislature earlier this month, faces a similar uphill battle. Past legislation placing caps on damages has been found unconstitutional by the state's courts, so a referendum has been placed on the ballot for vote Sept. 13 seeking voter approval of a constitutional change that would render the reforms legal.

Florida Med School May Soon Be Immunized Against Med-Mal Suits

Florida's Governor Jeb Bush announced June 9 that one of the provisions of his plan to overhaul the state's medical malpractice laws would be a grant of sovereign immunity to the University of Miami's medical school, its doctors and students, from medical malpractice liability. Under state law, the school and its employees and students would then be subject to a maximum $100,000 liability for medical malpractice.

The bill does not specifically name the University of Miami, but it extends sovereign immunity to private universities that place their medical students on rotations at public hospitals. The only school to meet this criterion is the University of Miami. Governor Bush explained the proposal by noting that the university's personnel aid the state's indigent patients just as the state's publicly owned universities' doctors and students do; therefore, the university should be given the same protections against liability enjoyed by state institutions.

University of Miami's president, Donna Shalala, served on the governor's task force on medical malpractice, which has endorsed Governor Bush's proposals.

Durbin's Tax-Break Proposal

Senator Dick Durbin (D-IL) has proposed a bill to give doctors and hospitals an immediate tax credit on malpractice premiums. The proposal, read on the Senate floor and then referred to the Committee on Finance, calls for a credit in the tax years 2003 and 2004 for a percentage of the malpractice premiums doctors and hospitals pay. Doctors in high-risk specialties such as obstetrics, surgery and trauma care would be eligible for a tax credit of 20% of their premium costs. Doctors in low-risk specialties such as general practice and dermatology would receive a 10% tax credit on their premiums.

In a press release issued by Sen. Durbin's office, the senator noted that while tort reform is a complex issue that requires in-depth study before action is taken, something should be done to help the medical community now. “My approach provides immediate relief while allowing us to work out a comprehensive solution to the crisis,” Durbin stated.

New Jersey Docs Walk Out Again

Beginning June 19 and continuing to the end of the month, New Jersey doctors staged work slow-downs across the state in protest over rising malpractice insurance premiums. Dubbed “Operation Rolling Thunder,” the protest was timed to last until the state's Assembly recessed for summer on June 30.

Doctors in all 21 New Jersey counties reportedly took part in the series of one-day walkouts, which temporarily prevented many patients from receiving routine care from their physicians. This is the second time New Jersey's doctors have taken part in a protest of this kind: Approximately two-thirds of the state's doctors staged a similar walk-out in February.

The New Jersey State Supreme Court has banned prejudgment interest on future economic losses in tort actions as of July 1. For 26 years, the court's rulings have routinely awarded such interest, but the court reversed itself when it announced the new ban in a notice published June 2 in the New Jersey Law Journal (172 N.J.L.J. 694, June 2). Interest on non-economic damages was unaffected by the ruling.

The majority of the court's Civil Practice Committee had urged retention of the prejudgment interest award, asserting that prejudgment interest promotes settlements; that any sums due to a plaintiff are for damages suffered, and that withholding of such amounts allows the defendant to earn income; and that if juries were required to separate past and future economic damages, it would introduce more complexity to deliberations.

The court, however, apparently agreed with the Committee's dissenters, who argued that interest on future losses was illogical and that model jury instructions already provide the means to make plaintiffs whole.

The Pennsylvania House of Representatives has approved a bill (HB 1326) that would allow caps on medical malpractice and most other tort action awards. That state's constitution, however, prohibits the legislature from capping damages. Therefore, a constitutional amendment will have to pass both houses and be approved by a statewide referendum before anything concrete changes in the area of tort-reform there.

Texas' tort reform measure capping non-economic damages at $250,000, passed by the legislature earlier this month, faces a similar uphill battle. Past legislation placing caps on damages has been found unconstitutional by the state's courts, so a referendum has been placed on the ballot for vote Sept. 13 seeking voter approval of a constitutional change that would render the reforms legal.

Florida's Governor Jeb Bush announced June 9 that one of the provisions of his plan to overhaul the state's medical malpractice laws would be a grant of sovereign immunity to the University of Miami's medical school, its doctors and students, from medical malpractice liability. Under state law, the school and its employees and students would then be subject to a maximum $100,000 liability for medical malpractice.

The bill does not specifically name the University of Miami, but it extends sovereign immunity to private universities that place their medical students on rotations at public hospitals. The only school to meet this criterion is the University of Miami. Governor Bush explained the proposal by noting that the university's personnel aid the state's indigent patients just as the state's publicly owned universities' doctors and students do; therefore, the university should be given the same protections against liability enjoyed by state institutions.

University of Miami's president, Donna Shalala, served on the governor's task force on medical malpractice, which has endorsed Governor Bush's proposals.

Senator Dick Durbin (D-IL) has proposed a bill to give doctors and hospitals an immediate tax credit on malpractice premiums. The proposal, read on the Senate floor and then referred to the Committee on Finance, calls for a credit in the tax years 2003 and 2004 for a percentage of the malpractice premiums doctors and hospitals pay. Doctors in high-risk specialties such as obstetrics, surgery and trauma care would be eligible for a tax credit of 20% of their premium costs. Doctors in low-risk specialties such as general practice and dermatology would receive a 10% tax credit on their premiums.

In a press release issued by Sen. Durbin's office, the senator noted that while tort reform is a complex issue that requires in-depth study before action is taken, something should be done to help the medical community now. 'My approach provides immediate relief while allowing us to work out a comprehensive solution to the crisis,' Durbin stated.

Beginning June 19 and continuing to the end of the month, New Jersey doctors staged work slow-downs across the state in protest over rising malpractice insurance premiums. Dubbed 'Operation Rolling Thunder,' the protest was timed to last until the state's Assembly recessed for summer on June 30.

Doctors in all 21 New Jersey counties reportedly took part in the series of one-day walkouts, which temporarily prevented many patients from receiving routine care from their physicians. This is the second time New Jersey's doctors have taken part in a protest of this kind: Approximately two-thirds of the state's doctors staged a similar walk-out in February.