Early this summer, the U.S. House of Representatives narrowly passed a bill (H.R. 1215 the deceptively titled “Protecting Access to Care Act”) that would limit the “non-economic” money damages available to patients in medical malpractice cases nationwide to $250,000. This bill is a “solution” to something that is not a problem and would be harmful to tens of thousands of people who suffer serious injuries every year from mistakes by doctors, hospitals, pharmacists and other health-care providers.
Blogs by Burt M. Kahn
On March 21, 2016, the American Bar Association formally announced its opposition to a proposed bill in Congress that would limit the amount of noneconomic damages that can be awarded by judges and juries in medical liability cases in state courts across the nation. In a letter to the chairman and ranking minority member of the House Judiciary Committee, the ABA said that the bill, which would cap those damages at $250,000, violates principles of federalism and would deprive many deserving people of the chance to receive compensation for their injuries.
A study published in the British Journal of Medicine published on May 3, 2016 found that the third leading cause of death in the United States is medical error resulting in 251,000 deaths annually. Medical error is just behind Heart disease (611,000 deaths annually) and cancer (585,000 deaths annually). After medical error, the next largest cause of death in the United States is chronic respiratory disease (149,000 deaths annually).
Two days before his 15th birthday, Samuel Metler visited a radiologist, who diagnosed him with walking pneumonia. After receiving treatment, Samuel still experienced symptoms, which grew so severe that he was rushed to the emergency room. After examination, the doctors determined that Samuel was actually suffering from heart failure.
Maryland High Court rules that, while generally the jury is not entitled to be told that the defendant physician is not board certified, there are instances in which that evidence may be admissible.
In the recent case of Little v. Schneider (August 22, 2013), the Maryland Court of Appeals unanimously reinstated a $2.874 million verdict issued for a plaintiff by a Harford County, MD jury. The jury found that Dr. Schneider (acting as a specialist in vascular surgery) negligently used the wrong size graft in attempting to perform an arterial bypass. This allegedly caused massive bleeding, leaving Ms. Little permanently paralyzed.
This blog is for general informational purposes only. Joseph, Greenwald & Laake, PA is a law firm and some of the information on the blog relates to legal topics. Joseph, Greenwald & Laake, PA does not offer or dispense legal advice through this blog or by e-mails directed to or from this site. By using the blog, the reader agrees that the information on this blog does not constitute legal or other professional advice and no attorney-client or other relationship is created between the reader and Joseph, Greenwald & Laake, PA or its attorneys. The blog is not a substitute for obtaining legal advice from a qualified attorney licensed in your state. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While the blog is revised on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. The JGL Law Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
To ensure compliance with requirements imposed by the U.S. Internal Revenue Service in Circular 230, we inform you that any tax advice contained on this site (including any links provided) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication.