When Damages May Exceed the Statutory Med Mal Cap

Dr. Steven Nathanson is the defendant in a medical malpractice case involving the death of a patient.  On June 24 the court rejected his motion for summary judgment on his claim that punitive damages are barred by West Virginia's medical malpractice act, which puts a $500,000 limit on damage awards for care of an …

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Fraud So Complicated It Takes a Neurosurgeon

Generally, when a doctor is convicted for fraud, the misdeeds are limited to a single category of fraud.  Maybe the doctor charged for procedures that weren’t performed; maybe there were kickbacks for referrals; or maybe self-referrals were involved. But last Friday a doctor in Michigan pleaded guilty to a …

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Hospital Says Injury Was Malpractice, Plaintiff Insists It Wasn’t

Here’s an interesting riddle.  When a plaintiff sues a hospital for an injury, why would the hospital insist the injury was caused by malpractice?  Even more puzzlingly, why would the plaintiff insist she was not the victim of malpractice? Lezlea Ross sued St. Luke’s Episcopal Hospital for an injury that …

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Does Med Mal Statute of Limitations Apply to Indemnification Claims?

Last week the South Carolina Supreme Court issued an opinion addressing the issue whether an indemnification claim is subject to that state’s medical malpractice statute of limitations, when the claim is for recovery of a payment made to settle a malpractice action. In 1997 Dr. A and Dr. B were working in the …

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FLA. SUP. CT. SAYS MED MAL CAP VIOLATES FLA. EQUAL PROTECTION CLAUSE

Answering a question certified by the Eleventh Circuit, the Florida Supreme Court yesterday ruled that Florida’s statutory limit on noneconomic damages in cases of wrongful death from medical malpractice violates the Florida constitution’s guarantee of equal protection.  McCall v. U.S., No. …

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