Medical Malpractice News

15Apr, 2015

Doctors Declare Victory in Fight Over Medicare Reimbursements

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Many in the healthcare community are celebrating today. Yesterday, the Senate voted overwhelmingly to pass the Medicare Access and CHIP Reauthorization Act (MACRA) of 2015 (H.R.2), thus staving off a 21% decrease in Medicare reimbursement rates set to take effect today, April 15th. But this bill is different than what we’ve seen in the past, this bill eliminates the formula that causes these crisis moments that in the past have been addressed with short-term extensions. The Sustainable Growth Rate (SGR) was introduced in 1997, and has been a source of frustration […]
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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 […]
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20Nov, 2014

$200 Million Dollar Settlement along with Reforms in Pennsylvania Malpractice Fight, but State will Keep What it Took

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Last month Governor Tom Corbett’s office announced a settlement to a years long dispute between groups representing doctors and hospitals and the Pennsylvania state government.  In 2008 the Pennsylvania legislature, under then governor Ed Rendell, appropriated $100M from the state’s Medical Care Availability and Reduction of Error (Mcare) fund to the general fund to balance the state budget.  This in turn led to litigation, which challenged not just the action of the state in this one instance, but the nature of the formula used to calculate the assessments that doctors in the […]
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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. […]
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