Medical Malpractice News

8Dec, 2014

California Damage Caps Not Out of the Woods Yet

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If you thought that the defeat of Proposition 46 in the recent midterm elections signaled stability for California’s longstanding limits on noneconomic damage awards in medical malpractice cases you were wrong. On November 26, at the urging of Consumer Watchdog, the trial lawyer supported non-profit that was instrumental in funding the Proposition 46 campaign, the California Supreme Court announced that it would review the constitutionality of the nearly 40 year old statute that limits non-economic damages in California medical malpractice cases to $250,000. California was the first state to enact […]

11Nov, 2014

Voters Reject Proposition 46: No to Random Drug Testing and Raising the Damages Cap

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California voters rejected Proposition 46 on Tuesday by a more than 2 to 1 margin. The ballot initiative, would have raised caps on noneconomic damages in malpractice cases from $250,000 to over $1M, required doctors to submit to random, state mandated drug and alcohol tests, and required doctors to utilize a state run database when prescribing certain types of drugs. The final vote, which came in at 67.1% against and 32.9% for represents a sound rejection of the measure, and while most expected it to fail the margin is striking. […]

2Nov, 2014

Election Day is Coming Up – What will be the Fate of Proposition 46?

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Proposition 46, what is it? Proposition 46 is an initiative that will be on the ballot in California this coming Tuesday, November 4. The initiative has garnered widespread attention from both critics and proponents. The most outspoken critics have been doctors, malpractice insurers, and others in the healthcare industry, while the most vociferous proponents have been trial lawyers.

9Sep, 2014

When Can a Patient Sue? Statutes of Limitations and Statutes of Repose

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While thinking about a lawsuit probably isn’t at the top of anyone’s list of things they look forward to doing, it is something that, as a doctor, you want to have a certain amount of preparedness for.  One of the things that’s important to know is, from a legal standpoint, who can and can’t bring a claim against you and when? Basic Statute of Limitations