Legislation passed the Nevada State Assembly that would lift the damages cap on medical malpractice suits in cases where the jury finds the doctor guilty of gross negligence. The current cap of $350,000 refers to the compensation a victim receives for pain, suffering and other non-monetary losses. The cap was enacted in 2001 in response to calls for tort reform across the state.

The bill, which is now on it’s way to the Senate, would remove the damages cap in cases where the jury finds a conscious indifference to the consequences of the actions or an indifference to the safety and welfare of a patient.

Supporters of tort reform argue that the caps on non-economic damages help control insurance premiums and prevent doctors from leaving the state, while supporters of the new bill say it will encourage doctors to maintain high standards of care.

If you have been the victim of medical malpractice, please contact the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. at 215-329-3511.

Colorado lawmakers killed a bill Wednesday that targeted medical-malpractice insurance companies, ending an effort to change the rules on medical malpractice in Colorado, pitting doctors against trial lawyers.

House Bill 1344, sponsored by Rep. Christine Scanlon, D-Dillon, would have made medical malpractice insurers get approval from Colorado’s insurance commissioner before they could raise premiums by more than 5 percent a year. 

While approved in the House of Representatives on Tuesday, lawmakers rejected the bill, 29-36, in the final reading.  HB 1344 originally would have raised the limits on how much money courts could award people who were injured by negligent doctors. Scanlon removed these lawsuit-limit provisions from the bill in a move to get more votes. 

If you have been the victim of medical malpractice, please contact the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. at 215-329-3511.

The consumer advocacy group Public Citizen reported thatmany states are not disciplining doctors who practice substandard medicine. Thegroup previously reported that just 5 percent of American doctors areresponsible for half of the malpractice in the United States. To protectpatients state medical boards are to periodically review complaints andinvestigate deleterious outcomes. The report suggests this may not behappening.

The rate of discipline was 2.92, down from 3.72 in 2004.This means that 770 doctors avoided disciplinary action that would have beenaddressed in 2004. Serious discipline is defined as a suspension or revocationof a medical license, surrendering a medical license and probation orrestriction of a license.

Minnesota and Wisconsin ranked lowest for disciplinaryaction, with Minnesota taking 0.95 actions per 1000 physicians. The state withthe most discipline was Alaska with 6.54 serious actions per 1000 doctors.

If you or someone you know has been the victim of medicalmalpractice, please contact the Philadelphia medical malpractice attorneys ofLowenthal & Abrmas, P.C. at 215-329-3511.

A California woman is suing her San Rafael gynecologist because the doctor allegedly removed the wrong ovary during an operation. 45-year-old Susan Swezy filed the case in Marion Superior Court naming her doctor and her employer, Kaiser Permanente San Rafael Medical Center, as defendants. Swezy says her doctor ordered a pelvic ultrasound test in November of 2007. The test revealed a cystic mass on her right ovary.

The doctor, Swezy says, then recommended removing the entire ovary and Fallopian tube because of the risk of cancer. During surgery the doctor removed her left ovary. The suit alleges that upon realizing her mistake, the doctor wrote a postoperative report noting a 3-4 centimeter cyst on the left ovary. Subsequent testing revealed no such cyst. Swezy's lawyer says "[the] defendant… intentionally fabricated her findings of a 3-4 cm cyst for the purposes of (1) justifying the removal of the wrong left ovary, and (2) to cover up her error removing the left ovary instead of the right one."

If you suspect you have been the victim of medical malpractice please contact the Philidelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. at 215-329-3511.