Tort Reform

Tort Reform and Medical Malpractice After COVID-19

Tort Reformers/Insurance Companies Could Care Less About Doctors and Medical Workers. Their Concern is for profits. Tort reformers have long railed against medical malpractice cases as a threat to doctors. They have done this for decades despite the total absence of any evidence. Their complaints usually go something like this: medical malpractice claims drive up…

Recalls and the Economics of Death

Corporate recalls and other corrective measures taken by corporations typically occur under great duress.  One need not look far to see this is so.  Banking fraud recently in the news is a perfect example.  Banking fraud  is appalling but no lives were lost.  Other corporate decisions related to consumer safety have much graver consequences.  It happens…

Myths of Medical Malpractice Bring Caps Back to Missouri

Medical malpractice caps are regularly in the news. Last week the Missouri legislature passed a bill to reverse the Missouri Supreme Court 2012 ruling in which the court had ruled caps to be a violation of the constitutional right to a jury trial. Their supreme court had it right. The entire premise of the bill…

Intersection of Criminal and Civil Liability in New Mexico Medical Malpractice

The New Mexico Court of Appeals case of State v. Muraida, involved criminal charges for abuse and neglect of a nursing home resident. The criminal charges arose from the gross negligence of the defendant doctor in the medical care of the patient. It is interesting to compare the criminal statutes to the typical medical malpractice…

The High Costs of Medical Errors on the Healthcare System

Advocates for “tort reform” legislation frequently point to financial savings as a reason to enact rules which limit the legal rights of those hurt by medical negligence. However, actual analysis of these laws invariably leads to the same conclusion: healthcare costs do not decrease following enactment of tort reform legislation. Not only that, but focus…

Payment of Future Medical Expenses in New Mexico Medical Malpractice Case

Medical malpractice, or medical negligence, happens when a heath care provider fails to meet the accepted standard of care when providing medical treatment to a patient, and as a result of that failure, the patient is injured. When this happens the patient can file a lawsuit against the health care provider for compensation for the…

Caps on Medical Malpractice Damages Do Not Lower Insurance Premiums or Healthcare Costs

An article in the National Journal last year reported that medical mistakes cost the nation‘s health care system tens of billions of dollars every year. Unfortunately, instead of getting serious about eliminating those errors, many tort reform advocates continue to argue for a change in personal injury laws, including caps on awards for medical malpractice….

Medical Malpractice Caps and Public Costs, Who Really Pays?

A few weeks ago, the Florida legislature had before it a bill that would approve a $30.8 million claim against a public hospital for medical negligence. Even though a jury issued the ruling against the hospital, the plaintiff in the case has been forced to get an actual bill passed through the state legislature before…

Failure to Diagnose Medical Malpractice Claims: Not as Easy as One Might Think

If a doctor did not diagnose your medical condition and you suffered harm because of the lack of a diagnosis, you may have a claim against the doctor for medical malpractice. If you think you have a claim against a doctor for medical malpractice, contact a medical malpractice lawyer as soon as possible. A medical…

Albuquerque Personal Injury Attorneys