On June 15, 2010 I reported that SVMIC, the bedpan mutual that insures the vast majority of Tennessee doctors, reduced its rates by 23.1% . I also reported that the company declared a $20,000,000 dividend. The net effect of the dividend means that policyholders with a history of no paid claims will receive…
Articles Posted in Medical Negligence
Fourth Circuit Remands Case That Slashed Contingent Fee
The Court of Appeals for the 4th Circuit ordered a district judge to re-consider the fee to be awarded to plaintiff’s counsel in a personal injury case that resulted in a $18M dollar settlement. The district court had cut the fee from $6M to $600,000. The appellate court concluded that…
A Conversation With A Doctor Who Wanted To File A Malpractice Case
Max Kennerly has this interesting post that sprung from a post on Kevin, M.D. about a doctor who was a victim of poor medical care. The doctor went to a lawyer, not because she wanted money (she said) but because she wanted an apology. The lawyer couldn’t take her case…
Georgia Supreme Court Strikes Down Damages Cap in Medical Malpractice Cases
The Georgia Supreme Court has struck down a cap on noneconomic damages in medical malpractice cases, declaring the cap to be a violation of the right to trial by jury. The case is Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, NO. SO9A1432 (Ga. March 22, 2010). Read the opinion here.…
2009 Medical Malpractice Claims Reports Due March 1, 2010
The Tennessee Department of Commerce and Insurance has released the forms for reporting on medical malpractice claims for the 2009 calendar year. The reports are due March 1, 2010. Here are the instructions for filling out forms as a representative of the claimant. Here is the link to the reporting…
Tennessee Nursing Homes – 5th Worst in United States
Tennessee’s nursing homes rank the 5th worst in the United States, according to an analysis done by the Tennessean. The February 3, 2010 article points out that [a]bout 15,000 nursing homes nationwide got ratings of one to five stars, with five being the best, from the U.S. Centers for…
Tennessee Medical Malpractice Claims Report – 2008
The Tennessee Medical Malpractice Claims Report for 2009 (which reports data for 2008) contains lots of information of interest to lawyers who represent Tennesseans in medical malpractice claims. Last week I wrote about the number of claims closed in 2008 and the amount paid on these claims. Today I will…
2009 Medical Malpractice Claims Report Released
The Tennessee Department of Commerce and Insurance has released the 2009 Medical Malpractice Claims Report. Despite its title, the Report reveals data for calendar year 2008. This is the fifth report issued by the Department and contains more different types of data than released in previous years because of a…
Tennessee Data From the National Practioners Data Bank
The National Practioners Data Bank collects data about malpractice claims paid by health care professionals. The NPDB has a report that lists all of medical malpractice paid claims against all Tennessee health care providers between September 1, 1990 through November 29, 2009, a period one month short of 20 years.…
Nevada Supreme Court Restricts Lawsuits Against Pharamacies
The Nevada Supreme Court has ruled that a pharmacy does not owe a duty of care to unidentified third parties who were injured by a pharmacy customer who was driving while under the influence of controlled prescription drugs. In reaching the decision, the court rejected the arguments that pharmacies have a…