Category Archives: Malpractice – Asset Protection

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2012 PA MCARE Assessment = 23%

The Insurance Department has determined that the annual assessment to be levied for calendar year 2012 shall be 23% applied to the prevailing primary premium for each participating health care provider. The total assessment cost for 2012 will be $203,824,513. This amount is $26,741,075 more than what was collected form the 2011 assessment to cover claims, … Continue Reading

Oregon State Appeals Court Upholds Constitutionality of Ban on Economic Damages

In Klutschkowski v. PeaceHealth, the Oregon Court of Appeals held that Oregon’s statutory cap on non-economic damages does not violate the state’s constitution remedy and jury trial clauses in an action brought to recover injuries sustained during child birth. Oregon law provides, with certain exceptions, “in any civil action seeking damages arising out of bodily…the amount … Continue Reading

An Estate Plan Built for Special Needs

 The Wall Street Journal published an insightful article on Special Needs Planning in its Family Finances Section on October 9, 2008."An Estate Plan Built for Special Needs" highlights the emotional and financial challenges facing parents with special needs children and commonly employed planning methods. Special Needs Planning  and Special Needs Trusts are not limited to … Continue Reading

Texas Reports Drop in Malpractice Premiums Due to Tort Reform With Damage Caps

  Damage cap credited for drop in Texas malpractice premiums BY CHRIS RIZO AUSTIN, Texas (Legal Newsline)-Thanks to a tort reform law in Texas, physicians in the Lone Star State will have reduced liability premiums, officials said this week. The board of the Texas Medical Liability Trust recently approved an average rate reduction of 4.7 … Continue Reading

Minute Clinics: Good Information from David Harlow’s HealthBlawg

I spoke with Eric Berkman as he reported the lead story on retail clinics in the current issue of Massachusetts Medical Law Report, as did a number of other authorities on the subject.  Massachusetts recently promulgated "limited service" clinic regulations in order to regulate retail clinics appropriately, after CVS applied for a host of waivers … Continue Reading

What is the Impact of Professional Society Expert Witness Standards?

There have been two recent developments regarding the enforcement of expert witness standards, one enforcing standards by a society and one declining to enforce the standards in a private defamation action. The American Academy of Orthopaedic Surgeons suspended one member and censored another for violating the Standards of Professionalism (SOPs) on orthopaedic expert witness testimony. The … Continue Reading

MCARE – Laymans Language

Henry Butler, M.D. asks what the PA  MCARE report means in laymen’s language. Although the surchaerges are decreasing, the unfunded liability is $2.33 and rising!  Physician migration from PA  appears to have remain unchanged during the program. PA desires to end the program and encourage privitization of the excess or second layer of covergage. Worthy … Continue Reading

Pennsylvania Extends MCARE Abatements Through 2007

On October 27, 2006, Pennsylvania Governor Edward Rendell signed Senate Bill 972, extending the MCARE malpractice subsidy through 2007. Physicians who are eligible for 100% abatement of their assessments are surgeons, neurosurgeons, orthopedic surgeons, obstetricians, emergency physicians, rural doctors who routinely deliver babies, certified nurse-midwives, and nursing homes. All other physicians and podiatrists are eligible for an … Continue Reading

Most IRA Accounts Protected From Creditors, Supreme Court Rules

A headline in the Wall Street Journal recently read: “High Court Rules IRAs Untouchable.” This headline was prompted by a recent U.S. Supreme Court case (Rousey v Jacoway) which held that creditors may not execute on individual retirement accounts (IRAs) in a bankruptcy proceeding. This decision has been hailed as a huge victory for IRA … Continue Reading