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The act limited non-economic damages (e.g., damages for pain and suffering) in most malpractice cases to $250,000 across all healthcare providers and $250,000 for healthcare facilities, with a limit of two facilities per claim. [43] [44] As of 2013, Texas was one of 31 states to cap non-economic damages. [43]
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. [1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
A recent multi-million dollar class-action settlement brings an end to a nearly decade-old legal battle for local health care workers, a case in which one of the original doctors filing suit died ...
The number of lawsuits against physicians in the USA has had a substantial impact on the behavior of physicians and medical practice. Physicians order tests and avoid treating high-risk patients (when they have a choice) to reduce their exposure to lawsuits, or are forced to discontinue practicing because of overly high insurance premiums. [ 1 ]
Care homes are pushing back against lawsuits with a sweeping lobbying effort to get states to grant them protection from claims of inadequate care. Faced with 19,000 dead, care homes seek shield ...
The Massachusetts Appeals Court is the intermediate appellate court of Massachusetts. [1] It was created in 1972 [ 2 ] as a court of general appellate jurisdiction . [ 3 ] The court is located at the John Adams Courthouse at Pemberton Square in Boston , [ 4 ] the same building which houses the Supreme Judicial Court and the Social Law Library .
The Medical Malpractice Trial Bar, with its system of contingency fees, had been blamed for encouraging an increasing number of frivolous, non-meritorious lawsuits over the preceding 2 decades. In this environment, physicians and hospitals appeared reluctant to report their peers and thereby increase the overall legal liability for their ...
$800 million civil ($1.5 billion with criminal component) Off-label promotion False Claims Act/FDCA 2009 5 4 (tie) Zyprexa: Eli Lilly [9] $1,450,000,000 $800 million civil ($1.45 billion with criminal component) Off-label promotion False Claims Act/FDCA 2008 10 5 Zocor/Vioxx/Pepsid: Merck [10] $650,000,000 $650 million civil (no criminal component)