The state Supreme Court on Wednesday upheld a key portion of the state's painstakingly crafted medical malpractice reforms. In a 4-1 opinion, the court kept in place a $500,000 cap on damages for pain and suffering in malpractice suits.
Insurers paid three times more for closed Missouri legal malpractice claims last year than a decade ago, and rising defense costs are a likely culprit. The average cost for a claim that closed with a payment of a settlement, judgment or verdict rose from $38,322 in 2001 to $120,014 in 2010, according to a June report on legal malpractice claims from the Missouri Department of Insurance.
Medical malpractice lawyer Paul T. Farrell Jr., recalled a recent case he handled in West Virginia in which a doctor accidentally removed a boy's colon instead of his spleen. The boy had a genetic disorder that was causing the spleen to limit his body's red blood cell production, Farrell said. After his colon was mistakenly removed, surgeons had to attach the boy's large intestine to his rectal stub.
Sensational cases continue to make headlines, but the number of medical malpractice lawsuits is dropping. Better forensic sciences and the legal might of combined practice groups are among the factors limiting new cases, according to plaintiff attorneys and doctor defenders. And despite late-night commercials promoting attorneys with "med-mal" expertise and the existence of websites like medicalmalpractice.com, such lawsuits have become uncommon.
Introduction - I. Background - II. Analysis - III. Conclusion
Oath Betrayed Torture, Medical Complicity, and the War on Terror Steven H. Miles Random House, $23.95, 220 pp. First, the U.S. government denied that the Geneva Conventions applied to Al Qaeda and to the Taliban. second, the Defense Department and Justice Department changed the definition of torture to cover "only extreme acts," such as severe pain "akin to that which accompanies serious physical injury such as death or organ failure," or lasting psychological damage.
The medical malpractice crisis of the last few years has tapped a lot of scholarly energy. These experiences have led researchers to think a lot about the amount and quality of information circulating within or concerning the medical malpractice system, and about public policy reforms that would improve information flow in the future. Relational uses of information fall under two rubrics based on their respective goals: to enhance competition among providers, or to make it more likely that expert advisers will honor their responsibilities to the people they undertake to serve. Regulatory, as opposed to relational, uses of information contemplate the government acting in the interest of society as a whole or a broad subset of the citizenry. Sound information policy requires thinking more...
BRADENTON, Fla. - Veterans, military families and others who oppose a decades-old law that shields military medical personnel from malpractice lawsuits are rallying around a case they consider the best chance in a generation to change the widely unpopular protection. The U.S. Supreme Court has asked for more information from attorneys and will decide next month whether to hear the case of a 25-year-old noncommissioned officer who died after a nurse put a tube down the wrong part of his throat.
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