Can any state rival Kentucky for keeping physicians in the headlines in recent days? Three big stories in a five-day span: On October 30 the Franklin Circuit Court struck down as unconstitutional a new Kentucky statute establishing medical review panels to screen medical malpractice cases before they go to …
Insurer Liable Though Physician Skips Med Mal Trial
October 24, 2017 Leave a Comment
Lancet Indemnity’s $1 M med mal policy had a standard clause requiring the insured, Dr. Ishtiaq Malik, to cooperate and assist Lancet and appointed counsel in investigating and defending claims. But when the family of decedent Juan Castillo sued him for malpractice, Malik could not have been less cooperative or …
Think You Know Hospital Staffing Levels?
August 30, 2017 Leave a Comment
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 …
Nebraska Med Mal Cap Survives 7th, 5th & 14th Amendment Attacks
July 21, 2017 Leave a Comment
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 …
$4 Million Liability for Bad Legal Advice to a Chiropractor
June 5, 2017 Leave a Comment
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 …
Why the Tail Policy Didn’t Cover the Doctor’s Tail
May 17, 2017 Leave a Comment
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, …