State Round-up Medical Malpractice Laws

Over at TortsProf Blog, published today, a quick summary of legislation and reform laws related to medical malpractice law.

• Hawaii's House Judiciary Committee approved a bill on Tuesday that could lead to caps on noneconomic damages in med mal claims against doctors in five specialties. See article: Honolulu Advertiser
• Utah Senate gives initial passage to a bill raising the burden of proof in emergency room med mal cases to "clear and convincing" evidence. See article: Salt Lake Tribune.
• Oklahoma House passes a tort reform bill that would, among other things, cap noneconomic damages at $300,000. See article: NewsOK.
• In Albany, New York, physician rally for decreased med mal insurance premiums and the ability to collectively bargain with insurers. See article: Times Union.

Upcoming Trial to Test Illinois Medical Malpractice Caps

A St. Louis Post-Dispatch article nicely summarizes some of the effects attributed to medical malpractice reform in Illinois over the past two years, and whether caps on damages will stand in upcoming trial.

The article (At 2-year anniversary, Illinois' malpractice law nears first court challenge) states, "Later this month, the law will be tested before a Cook County judge. The question before the court will be whether caps on the damages for pain and suffering in a malpractice lawsuit are constitutional."

All eyes will be on Chicago lawyer, Jeffrey Goldberg, who will challenge the caps "on behalf of an infant who was born with severe brain damage. Goldberg alleges a botched delivery and argues the caps simply don't allow a jury to award enough money." Read full story...

Here is a link where you can listen to an NPR segment on the case and related tort reform in Illinois (from February).