Tort Reform News

Georgia Supreme Court Rules Medical Awards Cap Unconstitutional

The Georgia Supreme Court has struck a cap on medical malpractice awards imposed in 2005 as part of a package of legislative tort reforms. The state’s high court said the law limiting noneconomic damages in medical malpractice cases violates the …

Georgia Supreme Court Upholds Emergency Room Liability Protection

The Georgia Supreme Court has upheld the state’s 2005 tort reform legislation that limits the liability of emergency room medical care providers. The 4-3 ruling turned aside complaints that the law is unconstitutional because it gives special liability exemption to …

South Carolina House Advances Cap on Liability Awards

A proposal to cap how much people can be awarded through civil lawsuits in South Carolina received key approval this week. The House approved the tort reform bill 104-9. It faces another, routine vote before heading to the Senate. The …

Insurers Decry Overturn of Illinois Med-Mal Caps; Attorneys Praise Ruling

The American Bar Association says the Illinois Supreme Court was right in striking down as unconstitutional the caps on non-economic damage awards in medical malpractice cases. Insurer groups, however, say the decision will add to rising health care costs and …

Missouri Supreme Court Hears Challenge to Malpractice Limits

Missouri’s top judges questioned Jan. 14 whether a 2005 law limiting medical malpractice lawsuits is being wrongly applied to people retroactively and is discriminating against the spouses of those injured. Attorneys for patients argued to the state Supreme Court that …

Shooting Case Tests Mississippi Tort Reform, Premises Liability

Before Mississippi lawmakers passed tort reform that limited damages in civil litigation, Ronnie Lee Lymas’ lawsuit against the store where he was shot wouldn’t have gotten much attention. That’s anything but true now: The case is being characterized as a …

Medical Lawsuit Curbs Would Save Billions, Congressional Study Finds

Limits on medical malpractice lawsuits would lead doctors to order up fewer unneeded tests and save taxpayers billions more than previously thought, budget umpires for Congress said in a reversal that puts the issue back in the middle of the …

Missouri, Illinois Collateral Source Rules Affect Bodily Injury Claims Differently

The ability to reasonably estimate the amount a plaintiff can recover for medical expenses is a key component in properly evaluating a personal injury claim. Because negotiations between the payor (the patient, a private insurance carrier, Medicare or Medicaid) and …

Data Show New York Malpractice Payouts Steady

Consumer advocates say medical malpractice payouts in New York have dropped the past two years, and they are urging state officials to investigate physician complaints about rising insurance rates and automatically review doctors who make multiple malpractice payments. Data from …

Ratings: Allstate, Arrowhead, Nat’l. Lloyd’s/Summit, ISMIE Mutual, Greenville Casualty, Un. Farm Indiana

Standard & Poor’s Ratings Services has assigned its ‘A-‘ senior debt rating on Allstate Corp.’s (ALL) recently priced senior debt issue. S&P also affirmed its ‘A-‘ counterparty credit rating on ALL and its ‘AA-‘ counterparty credit and financial strength ratings …