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Med Mal News
PA Changes Rule for Reduction of Non-Economic Damages
A new procedural rule, Rule 1042.72, will change the standard Pennsylvania trial judges use in deciding whether to grant a post-trial motion for remittitur of a non-economic damages award in medical malpractice cases. The rule, published Sept. 17 by the Pennsylvania Supreme Court, allows defendants in medical malpractice actions to file a post-trial motion requesting a reduction in non-economic damages. If the judge decides the non-economic damages awarded were excessive, he or she may reduce them. If the plaintiff then disagrees with the judge's decision, a new trial on damages will be held. The rule has gone into effect for cases that reach verdict after Dec. 1.
One Texas Insurer Lowers Rates After Tort Reform
Texas' largest medical malpractice insurer, Texas Medical Liability Trust, will reduce its rates by 5% beginning in January 2005. The company lowered its premiums in the January 2004 by 12% in response to then-new legislation limiting awards in medical malpractice suits. However, the impact of the legislation and state constitutional amendment that eased insurers' load in Texas has thus far been minimal. Texas Medical Liability Trust's recent premium reductions don't make up for the nearly 150% rise in the company's rates from 1999 to 2003. In addition, most other insurers in the state have not yet lowered their rates following enactment of the tort reform laws.
PA Changes Rule for Reduction of Non-Economic Damages
A new procedural rule, Rule 1042.72, will change the standard Pennsylvania trial judges use in deciding whether to grant a post-trial motion for remittitur of a non-economic damages award in medical malpractice cases. The rule, published Sept. 17 by the Pennsylvania Supreme Court, allows defendants in medical malpractice actions to file a post-trial motion requesting a reduction in non-economic damages. If the judge decides the non-economic damages awarded were excessive, he or she may reduce them. If the plaintiff then disagrees with the judge's decision, a new trial on damages will be held. The rule has gone into effect for cases that reach verdict after Dec. 1.
One Texas Insurer Lowers Rates After Tort Reform
Texas' largest medical malpractice insurer, Texas Medical Liability Trust, will reduce its rates by 5% beginning in January 2005. The company lowered its premiums in the January 2004 by 12% in response to then-new legislation limiting awards in medical malpractice suits. However, the impact of the legislation and state constitutional amendment that eased insurers' load in Texas has thus far been minimal. Texas Medical Liability Trust's recent premium reductions don't make up for the nearly 150% rise in the company's rates from 1999 to 2003. In addition, most other insurers in the state have not yet lowered their rates following enactment of the tort reform laws.
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