Category Archives: non-economic damages

Missouri Supreme Court Considering Constitutionality of Medical Malpractice Caps, Threaten Malpractice Insurance Rates

Missouri is one of three states where its Supreme Court is considering the constitutionality of non-economic damage caps in medical malpractice cases. The other two states are Florida and Indiana. On March 27, the Missouri Supreme Court heard oral arguments … Continue reading

Posted in constitutionality, medical malpractice, Missouri Medical Malpractice Insurance, non-economic damage cap, non-economic damages, state supreme court | Leave a comment

AZ Lawmaker Wants to Amend Constitution to Impose Damage Cap

side note: Conservative Arizona lawmakers are trying to remove obstacles that forbid the General Assembly from imposing caps on the amount of money recoverable for non-economic and punitive damages. Those obstacles are Article 2 sec. 31 and Article 18 sec. … Continue reading

Posted in Access to Care, Arizona Medical Malpractice Insurance, constitutional amendment, damage cap, non-economic damage cap, non-economic damages, Tort Reform | Leave a comment

Illinois Medical Malpractice Insurance Threatened by Supreme Court Decision

side note: In 2005, the Illinois Legislature passed a series of tort reform laws intended to have a deflating effect on medical malpractice insurance premiums for the state’s healthcare workforce. At the heart of these reforms was a $500,000 cap … Continue reading

Posted in Georgia Medical Malpractice Insurance, Illinois Medical Malpractice Insurance, judicial system, jury trial, Medical Malpractice Insurance, non-economic damage cap, non-economic damages, state supreme court | Leave a comment

Missouri Malpractice Insurance Premiums Threatened by Court Case

side note: Medical malpractice insurance premiums are threatened by a case before the Missouri Supreme Court. The state’s high court is currently considering the constitutionality of Missouri’s $1.2 million cap on non-economic, pain-and-suffering damages in medical malpractice cases. In the … Continue reading

Posted in Missouri Medical Malpractice Insurance, non-economic damage cap, non-economic damages, state supreme court, Tort Reform | Leave a comment

Indiana Medical Malpractice Insurance Rates Threatened by Courts

side note: Since 1975, capping non-economic (pain and suffering) damages in medical malpractice lawsuits has been considered the Gold Standard of effective tort reforms. There is gobs of data supporting the conclusion that state’s with non-economic damage caps have considerably … Continue reading

Posted in Indiana Medical Malpractice Insurance, judicial system, non-economic damage cap, non-economic damages, Tort Reform | Leave a comment

Even Tort Reform Proponents Oppose National Texas-Style Medical Malpractice Law

side note: This story is interesting because it illustrates the Catch-22 the Republican party faces with tort reform. The modern Republican party has aligned itself with libertarian and small-government, states’ rights proponents. They have also aligned themselves with the business … Continue reading

Posted in Congress, doctors, federal tort reform, Medical Malpractice Insurance, non-economic damage cap, non-economic damages, republican party, Texas Medical Malpractice Insurance, Tort Reform | Leave a comment

Florida Supreme Court to Rule on Medical Malpractice Cap

side note: Word on the street is that the cap on non-economic damages in Florida is likely to be overturned. What’s been going on in Florida is simialr to what happened two years ago in Illinois. Medical malpractice insurance rates … Continue reading

Posted in Florida Medical Malpractice Insurance, Illinois, Illinois Medical Malpractice Insurance, non-economic damages, Tort Reform | Leave a comment