Think You Know Hospital Staffing Levels?

A lot of people think they know something about hospital staffing levels: the proper ratio of nurses to patients. From time to time a legislator, patient advocate, or union spokesman will propose a required ratio—often a one-size-fits-all number. They ought to take a look at a recent federal court decision on …

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Nebraska Med Mal Cap Survives 7th, 5th & 14th Amendment Attacks

The US Court of Appeals for the Eighth Circuit has upheld Nebraska’s statutory medical malpractice limit, rejecting attacks that were based on the Seventh, Fifth, and Fourteenth Amendments of the US Constitution. After a federal court jury awarded $17 million to a child born with severe brain damage, the …

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$4 Million Liability for Bad Legal Advice to a Chiropractor

Allstate Insurance has won a judgment of nearly $4 million against a NY lawyer and Calif. consultant who guided a NJ chiropractor in structuring a medical practice designed to appear to meet the requirements of the state Insurance Fraud Protection Act (Act) while actually violating them. The defendants owned a …

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Why the Tail Policy Didn’t Cover the Doctor’s Tail

Dr. Steven Svabek may have set a record for the number of reasons why his tail policy didn’t cover the medical malpractice claims against him. According to a memorandum decision issued last week by the Indiana Court of Appeals, on Dec. 7, 2012, Dr. Svabek purchased a tail policy from Lancet Indemnity, …

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Do State Med Mal Caps Apply to EMTALA Cases?

State limitations on medical malpractice recoveries seem to be under almost daily attack.  The latest serious threat comes from Louisiana, where a federal district court has authorized an interlocutory appeal of his ruling that an Emergency Medical Treatment & Labor Act (EMTALA) claim is subject to the La. …

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Solid Victory for Ind. Med Mal Plaintiffs’ Bar

On April 7 the Indiana Supreme Court handed the plaintiffs’ bar a solid victory in the six-year battle that has raged since issuance of the 2011 Indiana Court of Appeals decision in K.D. v. Chambers.  That decision was generally read as severely limiting the right of a medical malpractice plaintiff to add a new …

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