Med Mal News

A New Jersey judge refused on Feb. 18 to temporarily enjoin the State from collecting a $75 yearly assessment from attorneys to help defray the costs of malpractice insurance for New Jersey's medical practitioners. Judge Thomas Lyons of Union County, NJ, cited in his opinion to the danger that doctors might quit their practices if not granted some relief from the high costs of malpractice insurance coverage. Among other things, the judge deemed an injunction unnecessary to guard against irreparable harm because attorneys who pay the assessment now can get a refund later if the new rule is found unconstitutional.

Arizona Bill Scrapped

The Arizona state Senate dropped consideration of a bill that would have capped noneconomic damages in medical malpractice suits. In order to become law, a bill like this would have required a constitutional amendment, and legislators were uncertain they could muster enough support to get the constitution changed.

Florida's Amendment 7 on Hold, According to Judge

A Florida hospital in February won its challenge to the recently enacted Florida law that requires hospitals to make public adverse event reports. Plaintiffs in the suit sought information about a doctor who is being sued for malpractice. Pinellas Circuit Court Judge James Case found that the legislature had to clear up certain issues before plaintiffs suing doctors could employ the law to access hospital records.

Wyoming Bill Calls for Lawsuit-Screening Committee

Wyoming's House voted 57-2 to pass a bill sponsored by the state Joint Interim Committee that calls for establishment of a committee to help eliminate frivolous malpractice lawsuits. The group, to be made up of two attorneys, two doctors and one layperson, would look over suits before they could go to trial and offer their opinions. A similar committee operated in the state previously, but the state Supreme Court ruled it unconstitutional in the 80s. The state's constitution has since been amended. The bill must now go to the state Senate for further action.

Proposal In Illinois for Separate Malpractice Court System

Illinois Republicans have proposed a bill that would set up a separate court system to handle medical malpractice litigation. Senate Bill 151, which would create the separate court system, was introduced Feb. 1, along with Related Senate Bill 150, which would cap non-economic damages in medical malpractice cases.

New York Times Report Challenges Notion That Lawsuits Drive Premium Rates

Reporters Joseph B. Treaster and Joel Brinkley reported in the Feb. 22 issue of The New York Times that contrary to President's Bush's frequent pronouncements of late, rising medical malpractice insurance premiums cannot be blamed largely on malpractice lawsuits. The true culprits, claim Treaster and Brinkley, are the insurance industry's declining investment returns and changes in the nature of competition in the industry. For instance, according to federal government and insurance industry data studied, insurance company costs rose steadily over the last decade while insurers raised premiums only minimally, if at all. They did this in order to attract more clients and gain more funds to reinvest in high-yield stocks and bonds. When the market faltered, insurers had to raise premiums dramatically to maintain profits.

Kansas Clinics Fighting for Patient Privacy

In a brief filed with Kansas' highest court last month, two clinics that offer abortion services outlined their case for overturning a District Judge's order that the clinics turn patient records over to the state Attorney General. Under a gag order imposed in October 2004, the clinics were not allowed to contact the patients in question. Their records are ostensibly being sought so that the State can determine if the patients were victims of statutory rape or if they sought late-term abortions prohibited by Kansas law. The clinics offered to turn the records over with names and identifying information redacted but they could run afoul of patient privacy laws if they turn records over that contain patient identifying information without first contacting the patients. On March 9, the gag order was lifted. Attorney General Phill Kline is an abortion opponent, but claims his purpose in obtaining the records is merely to fulfill his duty to prosecute crime.

No Reprieve for New Jersey Attorneys

A New Jersey judge refused on Feb. 18 to temporarily enjoin the State from collecting a $75 yearly assessment from attorneys to help defray the costs of malpractice insurance for New Jersey's medical practitioners. Judge Thomas Lyons of Union County, NJ, cited in his opinion to the danger that doctors might quit their practices if not granted some relief from the high costs of malpractice insurance coverage. Among other things, the judge deemed an injunction unnecessary to guard against irreparable harm because attorneys who pay the assessment now can get a refund later if the new rule is found unconstitutional.

Arizona Bill Scrapped

The Arizona state Senate dropped consideration of a bill that would have capped noneconomic damages in medical malpractice suits. In order to become law, a bill like this would have required a constitutional amendment, and legislators were uncertain they could muster enough support to get the constitution changed.

Florida's Amendment 7 on Hold, According to Judge

A Florida hospital in February won its challenge to the recently enacted Florida law that requires hospitals to make public adverse event reports. Plaintiffs in the suit sought information about a doctor who is being sued for malpractice. Pinellas Circuit Court Judge James Case found that the legislature had to clear up certain issues before plaintiffs suing doctors could employ the law to access hospital records.

Wyoming Bill Calls for Lawsuit-Screening Committee

Wyoming's House voted 57-2 to pass a bill sponsored by the state Joint Interim Committee that calls for establishment of a committee to help eliminate frivolous malpractice lawsuits. The group, to be made up of two attorneys, two doctors and one layperson, would look over suits before they could go to trial and offer their opinions. A similar committee operated in the state previously, but the state Supreme Court ruled it unconstitutional in the 80s. The state's constitution has since been amended. The bill must now go to the state Senate for further action.

Proposal In Illinois for Separate Malpractice Court System

Illinois Republicans have proposed a bill that would set up a separate court system to handle medical malpractice litigation. Senate Bill 151, which would create the separate court system, was introduced Feb. 1, along with Related Senate Bill 150, which would cap non-economic damages in medical malpractice cases.

New York Times Report Challenges Notion That Lawsuits Drive Premium Rates

Reporters Joseph B. Treaster and Joel Brinkley reported in the Feb. 22 issue of The New York Times that contrary to President's Bush's frequent pronouncements of late, rising medical malpractice insurance premiums cannot be blamed largely on malpractice lawsuits. The true culprits, claim Treaster and Brinkley, are the insurance industry's declining investment returns and changes in the nature of competition in the industry. For instance, according to federal government and insurance industry data studied, insurance company costs rose steadily over the last decade while insurers raised premiums only minimally, if at all. They did this in order to attract more clients and gain more funds to reinvest in high-yield stocks and bonds. When the market faltered, insurers had to raise premiums dramatically to maintain profits.