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Results from search: http://www.lectlaw.com/tmed.html

Medicine and Law - Malpractice Topic Area The 'Lectric Law Library Lawcopedia's LAW & MEDICINE Medical Malpractice Topic Area Practical Info & 'News' about Medical Malpractice, Litigation, Standards of Care, Using Expert Medical Consultants & Witnesses, other Med/Law issues... Lawyers are just like physicians: what one says, the other contradicts. - Sholem Aleichem Practical Litigation Info What is a Strong Malpractice Case? Special Medical Malpractice Statutes Evaluating the Medical Malpractice Client Chosing Proper Medical Malpractice Defendants Initial Malpractice Case Review by Medical Experts Errors to Avoid when Handling Medical Malpractice Cases Some Tips to ease using Medical Experts Direct Exam of Medical Experts - Checklist Compensating the Medical Malpractice Expert Choosing & Using Pathologists as Expert Witnesses Preparing the Plaintiff's Medical Expert Witness for Trial Determining Injured Plaintiff's Economic & Financial Losses Determining Potential Defendant Liability in Large Class-Actions Using Physician Assistants as Expert Consultants & Witnesses Establishing Medical Standard of Care & Breach Without Experts Medical Experts & Establishing Standards of Care in Malpractice Cases Start Preparing for the coming "Wellness" Industry Litigation Tidal-Wave Lawyers Beware! - Your Client's Personality Disorder can Destroy your Case Discovering your Opponent's Expert Consultant's Work under FedRCivP 26(b)(4)(B) FIRST, KILL ALL THE EXPERTS , Proposed Solution to Serious Problems re Medical Experts From MediScene: Medical CLE Courses & many more Medical Resources for Legal Pros Be sure to Check Out the Articles, Cases & other Resources For and About Legal Experts in our Expert Witness & Consultant's Reading Room Q: Before signing the death certificate had you taken the man's pulse? -- A: No. Q: Did you listen for a heart beat? -- A: No. Q: Did you check for breathing? -- A: No. Q: So when you signed the death certificate you hadn't taken any steps to make sure the man was dead, had you? A: Well, let me put it this way. The man's brain was sitting in a jar on my desk, but for all I know he could be out     there practicing law somewhere. - Cross of Coroner by Defense Atty Related Medical Issues Advance Health Care Directives, 9k Organ Donations - All You Need to Know, 13k Medical Records - Confidentiality & Access, 6k Multiple Chemical Sensitivities - Fact, Fiction, Disability & the Law, 17k Proving Links Between Toxic Exposures & Injury - Epidemiology Proving Links between Toxic Exposures & Injury - Toxicology Food-borne Illness' -- Solutions to this Growing Concern? Medical-Legal Issues in Quality Assurance Hepatitis C - A Silent Epidemic Dialyzer Reactions Only Pink Eye? Plastic Surgery Rheumatoid Arthritis & Medication The Practice of Emergency Medicine Emergency Medicine's 11 Commandments Snoring & Sleep Apnea - Missing the Warning Signs Common Negligence Issues In Cardiology Pulmonary & Critical Care Medicine Cardiovascular & Vascular Surgery Acute Cardiac Ischemia Diagnosis Radiation Oncology The Gynecologic Oncologist Medical Malpractice, Cancer & the Oncologist Mammography & the Diagnosis of Breast Cancer Cancer Growth - Medical & Malpractice Implications Managed Care, Cancer & Mohs Micrographic Surgery Failed Back Surgery Syndrome (FBSS) Facts about Steffe Plate Spinal Litigation Trauma & Temporomandibular Injury (TMJ) Temporomandibular Joint Syndrome - A Primer Common Obstetrical Complications Respiratory Distress in the Newborn Pediatric Orthopedic Surgery Problems Placental Pathologist's Role Re Birth Problems Bile Duct Injury & Laparoscopic Cholecystectomy Laparoscopic Cholecystectomy Information Q: Do you recall approximately the time that you examined that body of Mr. Edington at the Rose Chapel? A: It was in the evening. The autopsy started about 8:30 p.m. Q: And Mr. Edington was dead at the time, is that correct? A: No, you idiot, he was sitting on the table wondering why I was doing an autopsy! - True Court Quote 'Lectric Law & Medicine News APPLETON, WI. (UPI '97) - Nadean Cool, 44, has sued her psychiatrist for malpractice in a suit alleging that Dr. Kenneth Olson convinced her that she had 120 personalities, then billed her insurance company for group therapy . Her insurance carrier, after adding up bills it paid for her psychiatric care -- about $300,000 -- has joined the suit. Ms Cool claims that Olson said her 120 personalities included a duck and angels. Thankfully, it appears no one is alleging Cool is mentally healthy. MIAMI, Fl. (Press-Telegram '95) - A diabetic patient woke up after an operation to find that the surgeon had mistakenly cut off a foot and one toe.   The Fl. State Board of Medicine reduced a state hearing officer's recommended stiff sentence, and fined Dr. Rolando Sanchez $10,000 and suspended his practice for six months instead.   I'm not saying what he did wasn't wrong, board member Dr. Edward Dauer said, but doctors are not God, and hospitals are not heaven. NEW YORK, NY. (AP '96) - Rajeswari Ayyappan, 59, checked-in the Memorial Sloan-Kettering Cancer Center for brain surgery. Medical personnel performed the operation flawlessly... but on the wrong side of his brain. Chief of Neurosurgery, Dr. Ehud Arbit, has been relieved of his duties. LONDON, England. (Daily Telegraph '96) - Cancer patient Cyril Smith, 59, gave up his job in 1993 when doctors said he had three months to live. Now Smith, who since giving up his well-paying job has only averaged 48 pounds ($72) a week, is suing the doctors for loss of earnings because he outlived their predictions.   I'm not suing the hospital for thousands of pounds. I just want compensation for their mistake, for the last three years when I could have earned a living to support my family. I want the hospital to apologize, Smith said.    It's astonishing. People sue for anything these days, absolutely anything, said a British Med. Assn. spokesman. ALBANY, NY. (AP '97) New York Attorney General Dennis Vacco said that the state was being sued for $10 million by Francis Hugh Smith, a convicted burglar, claiming that poor medical care was the cause for his amnesia that made him leave his work release job and forget to return to prison. NORFOLK, Va. (AP '96) - Thomas Passmore, 32, was working at a construction site when he thought he saw '666', a demonic sign, on his hand. So, recalling the Bible's instruction, If thy right hand offend thee, cut it off, he did... with a circular saw.   Doctors at Sentara Norfolk General Hosp. wanted to re-attach the hand, but Passmore refused, believing that he would go to hell if he agreed.   The doctors contacted a judge, who advised them to follow Passmore's wish and not re-attach his hand.     Now Passmore is suing both the hospital and the doctors, claiming the hospital should have contacted his parents or sister to overrule the judge's decision and that the hospital didn't tell the judge that he was incompetent. HARARE, Zimbabwe. (Reuters '96) - A Zimbabwe man was arrested for having sex with a cow. He claimed he was afraid of contacting AIDS from a human partner, so he developed a special, monogamous relationship with the animal. During his court appearance, he expressed his deep affection and love for the cow, recited marriage vows and promised to be faithful while serving his nine month jail sentence. PITTSBURGH, Pa. (Tribune-Review '97) - An Indiana County man shot himself in the mouth after he mistook a .22 caliber gun for a medicine inhaler.   Daniel Sutherland, 49, kept both the inhaler and gun in the same drawer and accidentally shot himself just before 2 a.m. He was airlifted to Presbyterian Univ. Hospital in Pittsburgh where he was listed in fair condition. The .22 caliber bullet did not exit his head. ANKARA, Turkey. (AFP '97) - A 52-year-old Turkish man was shot in the leg over his attempts to have a penis transplant from a donkey .   On two previous occasions Mehmet Esirgen, 52, purchased donkeys, amputated their sexual organs and appealed in vain to doctors to perform a transplant in order to cure his sexual impotence.   His family, opposed to the plan, became hysterical when he purchased a third donkey on his way home from Ankara and one of his sons shot him.   For a long time now I have had sexual problems and I have spent all my pension funds to overcome them, said Esirgen. He plans to buy a fourth donkey as soon as he recovers from his wound. SANTA BARBARA, Ca. (AP '96) - A woman, claiming emotional distress, sued her veterinarian for $1 million in damages for breaking the back of her pet iguana. GOA, India. (Reuters '96) - More than 600 scientists from 17 nations, many of whom drink their own urine and use it for body massage, gathered in western India for the First World Conference on Auto-Urine Therapy to present research showing human urine's healing powers and its effectiveness against cancer, hepatitis B, influenza and diabetes. Several doctors had data showing that urine therapy can ease the painful symptoms of AIDS.     Many patients on auto-urine therapy recover from serious illness, said Dr. Shigeyuri Arai of Japan. His study of 1,752 people who practiced urine therapy found that 60 percent - and 73 percent of cancer patients - reported that their symptoms disappeared.   Yes, urine can cure cancer, agreed Dr. Ming Liau, while Dr. Ryoichi Nakao said that about 200,000 Japanese, and perhaps 5 million Germans, gargle their own urine.   The Conference attendees, though puzzled as to the reason, generally agreed that some doctors are skeptical and don't even offer their patients urine therapy, despite all the evidence. There's plenty of related stuff scattered all around the Library -- like our General Litigation Topic Area and the Legal Pro's Lounge -- so please feel free to wander around and explore. The Rotunda The Library's central hub, Directory & Index The Reference Room Dozens of legal Topic Areas & the net's best law Dictionary The Inner Sanctum Answers to your Questions & Problems re the Library And if you haven't done so, Please take our head librarian Ralf's Library Tour       Most wonderful experience of my life! * * Greatest thing I've ever done... By Far! -- Typical Visitor Reactions * * * * * * * * * Court, Business and other Forms for all States and Situations (This may open a new window. When you're done just close it and you might be back here.) Learn how we can help Effectively Promote Your Services , Products or WebSite. No one connected with the 'Lectric Law Library, including Sponsors, Advertisers, & Content Providers, necessarily Endorses, Warrants or Approves of any of its material.   Also, Library content is NOT meant to provide Specific Legal Advice, or to Solicit or Establish Any Kind of Professional-Client Relationship. [Last Revised 2/02]


Results from search: http://www.mcandl.com/newyork.html

New York Medical Malpractice Summary NEW YORK Statutes of Limitations Statutory Cap on Attorneys' Fees Contributory or Comparative Negligence       Periodic Payments Joint and Several Liability Collateral Source Rule Contribution Pre-Judgment Interest Vicarious Liability Patient Compensation Funds Expert Testimony Immunities Damage Caps Arbitration       Statutes of Limitations In New York, any medical malpractice action must be brought within two and a half years from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. N.Y. C.P.L.R. § 214a (McKinney 1990). However, foreign object cases may be brought within one year from the date upon which the foreign object is discovered. Id . A claimant's incompetency ( i.e. , infancy or insanity) tolls the above-noted limitations until the disability ceases, but in medical malpractice cases this can only extend the limitations period a maximum of ten years. N.Y. C.P.L.R. § 208 (McKinney 1990). An action alleging wrongful death must be brought within two years from the date of death. N.Y. Est. Powers & Trusts Law § 5-4.1 (McKinney Supp. 1997-1998); Krowicki v. St. Elizabeth Hospital , 113 A.D.2d 1023, 494 N.Y.S.2d 590 (1985). Contributory or Comparative Negligence New York is a pure comparative negligence state. A claimant's negligence, no matter how great, will not bar recovery, but the damages recoverable will be reduced in proportion to his negligence. N.Y. C.P.L.R. § 1411 (McKinney 1997). Joint and Several Liability As a general rule, New York holds joint tortfeasors jointly and severally liable. Klinger v. Dudley , 41 N.Y.2d 362, 361 N.E.2d 974, 393 N.Y.S.2d 323 (1977). However, any joint tortfeasor whose liability is 50 percent or less of the tortfeasors' combined fault is severally liable only for the claimant's non-economic losses. N.Y. C.P.L.R. § 1601 (McKinney 1997). Non- parties are not counted in this calculation if they could not be joined or are immune from liability. Id . Contribution In New York, joint tortfeasors have a right to contribution. N.Y. C.P.L.R. § 1401 (McKinney 1997). A claim for contribution may be brought by either a cross-claim, a third-party claim, or a separate action. N.Y. C.P.L.R. § 1403 (McKinney 1997). Liability in contribution is determined by the tortfeasors' relative degrees of fault. Ravo v. Rogatnick , 70 N.Y.2d 305, 514 N.E.2d 1104, 520 N.Y.S.2d 533 (1987). Vicarious Liability Hospitals are not vicariously liable for the acts of non-employee members of the medical staff. Hill v. St. Clare's Hospital , 67 N.Y.2d 72, 490 N.E.2d 823, 499 N.Y.S.2d 904 (1986). However, a hospital can become liable for emergency physicians and others either by actual agency, because the control it exercises makes purported independent contractors employees in fact, or by ostensible or apparent agency, because it holds out independent contractors as hospital employees. Mduba v. Benedictine Hospital , 52 A.D.2d 450, 384 N.Y.S.2d 527 (1976). Expert Testimony At the time of filing a complaint or within 90 days thereafter, a claimant generally must file a certificate which indicates that the claimant's attorney has consulted with an expert on the case or, in the alternative, that such a consultation could not be obtained. N.Y. C.P.L.R. § 3012-a (McKinney 1991). This requirement, however, does not apply when res ipsa loquitur is the only theory alleged. Id . Also, in lieu of doing so, the claimant may provide discovery information concerning its experts, their qualifications, and the nature and scope of their opinions. Id . Expert testimony is required at trial, unless the matter is within the ordinary experience and knowledge of laymen. Fiore v. Galang , 64 N.Y.2d 999, 478 N.E.2d 188, 489 N.Y.S.2d 47 (1985). It is a distinctive characteristic of New York practice that expert witnesses are generally not deposed prior to trial. While each party must disclose the substance of an expert's qualifications and expected testimony, it need not disclose his identity. N.Y. C.P.L.R. § 3101(d) (McKinney 1991 & Supp. 1997-1998). Further disclosure, including oral deposition, is only allowed by agreement or by court order under special circumstances. Id . This is in contrast to the many jurisdictions in which expert discovery dominates pre-trial preparation. Damage Caps New York does not limit the amount of damages recoverable in medical malpractice actions. Statutory Cap on Attorneys' Fees The attorneys' contingent fees in a medical malpractice action shall not exceed the following schedule: (a) 30 percent of the first $250,000, (b) 25 percent of the next $250,000, (c) 20 percent of the next $500,000, (d) 15 percent of the next $250,000, and (e) 10 percent of any amount over $1,250,000. N.Y. Jud. Law § 474-a (McKinney Supp. 1997). Periodic Payments A claimant's future damages in excess of $250,000 must be paid in periodic payments. N.Y. C.P.L.R. § 5031 (McKinney 1992). Those damages relating to the claimant's future pain and suffering must be paid in a period no longer than 10 years. Id . Further, a judgment debtor's obligation to make such periodic payments terminates at the judgment creditor's death, unless the parties agreed otherwise. N.Y. C.P.L.R. § 5035 (McKinney 1992). The judgment debtor's obligation to pay, however, does not terminate with respect to damages for lost future earnings. Id . Collateral Source Rule New York has repealed the collateral source rule in medical malpractice cases. N.Y. C.P.L.R. § 4545(a) (McKinney 1992). Therefore, evidence of the claimant's receipt of collateral benefits may be submitted to the court so that those benefits can be deducted from claimant's recoverable damages. The claimant is entitled to credit for premiums paid over the two years preceding the accrual of the cause of action and projected future payments for obtaining such benefits. Id . In medical malpractice cases, damages for lost income are reduced by the taxes the claimant (or decedent) would have been reasonably certain to owe on the lost income. N.Y. C.P.L.R. § 4546 (McKinney 1992) and N.Y. Est. Powers & Trusts Law § 5-4.3 (McKinney Supp. 1997-1998). Pre-Judgment Interest Medical malpractice and other personal injury cases are not included among those for which pre-trial interest is authorized. N.Y. C.P.L.R. § 5001(a) (McKinney Supp. 1997-1998). However, in a bifurcated trial interest is calculated from the date of the liability determination. Love v. State , 78 N.Y.2d 540, 583 N.E.2d 1296, 577 N.Y.S.2d 359 (1991). Interest is computed in a wrongful death case from the date of death. N.Y. Est. Powers & Trusts Law § 5-4.3 (McKinney Supp. 1997-1998). However, no pre-trial interest is allowed on amounts awarded for future damages. Milbrandt v. A.P. Green Refractories Co. , 79 N.Y.2d 26, 588 N.E.2d 45, 580 N.Y.S.2d 147 (1992). Patient Compensation Funds and Physician Insurance New York does not provide a patient compensation fund, and it does not require its licensed physicians to carry liability insurance. Immunities The State of New York has waived its immunity, including that of its political subdivisions. N.Y. Ct. Cl. Act § 8 (McKinney 1989); Sharapata v. Town of Islip, 56 N.Y.2d 332, 437 N.E.2d 1104, 452 N.Y.S.2d 347 (1982). Claims must be filed within 90 days of the injury or, if a notice of intent to sue is filed within the 90-day period, within two years from the time the cause of action accrued. N.Y. Ct. Cl. Act § 10 (McKinney 1989 & Supp. 1997-1998). Arbitration New York has a procedure by which a defendant can concede liability in exchange for an agreement to arbitrate damages. N.Y. C.P.L.R. § 3045 (McKinney 1991). It also expressly authorizes health maintenance organizations (defined broadly) to agree in writing with their members prior to treatment that all medical malpractice claims will be arbitrated. Members must be permitted to opt out. N.Y. Pub. Health Law § 4406-a (Supp. 1997-1998).         Copyright © 1990-1998 McCullough, Campbell & Lane. All Rights Reserved. Revision Date: February 6, 1998


Results from search: http://www.ins.state.ny.us/consindx.htm

Information For Consumers Home About Us How to Contact Us Search News Latest Updates Publications Downloads Disciplinary Actions Employment Opportunities FOIL Links d INFORMATION FOR CONSUMERS How to File a Complaint or Make an Inquiry using Our Online Form World Trade Center Insurance Claim Satisfaction Survey No-Fault NF-3 Medical Verification of Treatment Form and No-Fault NF-AOB Assignment of Benefits Form (PDF Format) Disaster Assistance Information World Trade Center Disaster Information Looking for information about our Healthy NY Program? Healthy NY Program (Updated with Current Rates) Need Information about Insurance Companies? Links to Insurance Companies Licensed by New York Directory of Regulated Companies Need to contact the Insurance Department or file a complaint? Toll- Free Telephone Numbers and Hotlines How to File a Complaint or Make an Inquiry using Our Online Form How Providers can File a Prompt Payment Complaint Have a question about Holocaust Era Insurance Claims? Holocaust Victims Resources Have other Questions? Insurance Disaster Coalition - Information you need to know about preparing for weather related problems Consumer Frequently Asked Questions Medical Malpractice Insurance Association Information Notice to Insureds of the Medical Malpractice Insurance Association and Hospitals, Physicians, Dentists, Podiatrists, Certified Nurse Midwives, and Certified Nurse Anesthetists Unable to Obtain Medical Malpractice Insurance as of July 1, 2000 Company Demutualization Information Manhattan Life Insurance Company's Proposed Conversion - Transcript of the Public Hearing Held February 22, 2002 (PDF Format) Phoenix Home Life Mutual Insurance Company's Demutualization Opinion & Decision (PDF Format) Phoenix Home Life Mutual Insurance Company's Demutualization Hearing that the Department held on March 19, 2001 Prudential Demutualization Information MetLife Demutualization Opinion & Decision (PDF-191KB) MetLife Demutualization Hearing Need information on NYS Laws, Regulations and Circular Letters? Statutes, OGC Opinions, Regulatory Actions, Circular Letters ACCESSIBILITY | PRIVACY POLICY | DISCLAIMER


Results from search: http://www.ins.state.ny.us/mmianot1.htm

MMIA Notice Home About Us How to Contact Us Search News Latest Updates Publications Downloads Disciplinary Actions Employment Opportunities FOIL Links Notice to Insureds of the Medical Malpractice Insurance Association and Hospitals, Physicians, Dentists, Podiatrists, Certified Nurse Midwives, and Certified Nurse Anesthetists Unable to Obtain Medical Malpractice Insurance as of July 1, 2000 Pursuant to legislation enacted in 1999, effective July 1, 2000 the Medical Malpractice Insurance Association ("MMIA") will no longer be issuing or renewing medical malpractice insurance policies, and will be dissolved effective August 31, 2000. The Superintendent of Insurance has, by regulation (Regulation No. 170), established the New York Medical Malpractice Insurance Plan, to provide for the equitable distribution, to authorized medical malpractice insurers, of the insureds of the MMIA and eligible health care providers unable to obtain insurance in the voluntary market upon the dissolution of MMIA. An Insured of the MMIA whose policy is expiring, and those eligible medical providers and facilities needing insurance, should contact the insurers writing this coverage in the voluntary market. A list of those companies is posted on the Insurance Department website, www.ins.state.ny.us, or can be obtained from the Department by calling 1-800-522-4370. Since the mechanism established under Regulation 170 is not yet operational, the Superintendent has directed MMIA to act as temporary administrator on behalf of the Plan. Individuals and facilities unable to obtain medical malpractice insurance in the voluntary market should contact the MMIA at 212 962-0210. DISCLAIMER


Results from search: http://www.lawline.com/lawyers/medical.html

CLE, MCLE, Online CLE Credits - Broadcasting Continuing Legal Education - Lawline.com Contact About Press Room Getting Started Advertising Partner Suggestion Box Site Map Awards LAWYERS : MEDICAL MALPRACTICE Business of Law Computer Based Discovery Computer Law Constitutional and Individual Rights Corporate Counsel Criminal Justice Dispute Resolution Education Law General Practice Immigration Law/International Law IP Channel Judicial Administration Labor & Employment Law Lawline Radio Law Practice Management Law Practice Radio Litigation Matrimonial & Family Law Medical Malpractice NY Law Organizations Real Estate Taxation Tort & Insurance Practice Should Insurers Pay for Unproven Medical Treatment? Guests: Karen Galineri and Jeff Chansell This lively debate covers the responsibility of health care providers to pay for lifesaving treatment, and the increasing number of lawsuits brought by patients to get it.   Click Here To Watch on Yahoo's Broadcast.com. Medical Malpractice Insurance Litigation Guests: Fred Quellen and Ed Amsler Examine the controversy over what has caused large increases in doctors' malpractice insurance premiums.   Click Here To Watch on Yahoo's Broadcast.com. Should HMOs Be Held Liable? Guests: Harvey Wachsman and Pam Jarvis See why some HMO subscribers want health care providers held responsible for medical complications and deaths.   Click Here To Watch on Yahoo's Broadcast.com. HOME | CLE | LAWLINE TV | LAWYERS | BUSINESS | CONSUMERS COPYRIGHT © 2000 LAWLINE.COM T


Results from search: http://www.sharelawyers.com/links.html

Canadian Disability Lawyers | Fibromyalgia Disability Medical sources Brain Injury Association www.biausa.org Ontario Brain Injury Association www.obia.on.ca American Physical Therapy Association www.apta.org Centre for Disease Control & Prevention www.cdc.gov US Consumer Product Safety Commission www.cpsc.gov World Health Organization www.who.int Canadian Paraplegic Association www.canparaplegic.org Hospital for Sick Children www.sickkids.on.ca Safe Kids Canada www.safekidscanada.ca HealthCentral www.healthcentral.com     Legal sources Ontario Trial Lawyers Association www.otla.com American Trial Lawyers Association www.atlanet.org Guide to Ontario Courts www.ontariocourts.on.ca Insurance Bureau of Canada www.ibc.ca New York State Bar Association www.nysba.org New York State Insurance Department www.ins.state.ny.us Erie County Bar Association www.eriebar.org Government sources Health Canada www.hc-sc.gc.ca Ontario Ministry of Health www.gov.on.ca/health New York Health Department www.health.state.ny.us Workplace Safety and Insurance Board www.wsib.on.ca Financial Services Commission www.fsco.gov.on.ca Ministry of Transportation www.mto.gov.on.ca     about us | services | case studies | newsletter | cases & articles | links | testimonials | quiz | online assessment | call me Contents Copyright © David Share Associates 2000 Please read our DISCLAIMER before proceeding Email: legal@sharelawyers.com Site design by Gemini Productions


Results from search: http://www.ncatl.org/barriers/

The Latest News on Tearing Down Barriers to Justice   The Latest News on Tearing Down Barriers to Justice   HOME       |      MEMBER HOME   From Around the Country ... One in Five Americans Cite Drug or Medical Error in Their Family The Commonwealth Fund -- Research finds that over eight million Americans say they or someone in their family has experienced a prescription drug or medical error. Connecticut Legislature Passes Law Requiring Medical Errors Reporting Hartford Courant -- In response to news reports that medical errors go unreported (see story below) Connecticut passes new law. Arbitration Costs More Than Court System Washington Post -- A public interest research group says resolving disputes through mandatory arbitration may cost significantly more than using the court system. State of Connecticut Fails to Investigate Patient Deaths Hartford Courant  -- The State of Connecticut has failed to investigate patient deaths involving medical malpractice. Tennessee Doctors Group Sues Insurers NY Times -- The Tennessee Medical Association filed a class action lawsuit against the state's 4 largest health insurers saying their managed care practices threaten patients' health. Medical Complaints Increase Raleigh News & Observer -- NC Medical board reports complaints against doctors are on the increase in the state. Corporations and Employees Seek Ways to Reduce Medical Mistakes Washington Post -- As medical costs rise, corporations and employee groups are pressuring medical providers to reduce medical mistakes. Medical Malpractice Jury Data is Flawed Center for Justice and Democracy -- Study citing large increases in medical malpractice awards is flawed. Lawsuits Protect People Center for Justice and Democracy -- Comprehensive report describing the lawsuits that have made Americans safer. Patients Urged to Speak Up Reuters Health -- Patients are urged to speak up to prevent medical mishaps. HMOs Overruled in Nearly Half of External Review Cases BestWire -- Patients are successful in almost half of external review cases although obstacles confront patients seeking an independent review. Study Finds 90% of Nursing Homes Understaffed NY Times -- A national study finds that over 90% of nursing homes are understaffed. President Bush suggests that market forces will take care of the problem. Premium Deceit: Tort Reform Does Not Cut Insurance Prices US Newswire -- Center for Justice and Democracy releases study showing that the economic cycle of the insurance industry, not the legal system, is causing insurance price increases. The Wrong Foot, and Other Tales of Surgical Error NY Times -- The Joint Commission on Accreditation of Healthcare Organizations issues its second alarm in three years aimed at reducing surgical mistakes. From the Academy ... Spread the Word: North Carolinians Are At-Risk From Dangerous and Defective Products North Carolinians have less protection from dangerous and defective products than any other consumers in the country. Dick Taylor, NCATL Chief Executive Officer From ATLA ... Damage Caps Are Unfair to Patients with Significant Injury from Medical Malpractice Physicians Weekly -- Caps on damages set absolute, arbitrary limits on that medical malpractice victims may receive from injuries suffered. Opinion by Leo V. Boyle, ATLA President National Data on Medical Malpractice and Insurance Premiums A look at some national data on medical malpractice, insurance premiums and health costs:     The Problem is Not Too Much Litigation     Damage Caps Do Not Reduce Premiums     Health Costs and Malpractice Costs     Malpractice Insurance Cost as a Part of Health Costs     Malpractice Premium Costs and Doctor Salaries Links to Other Sites ... Association of Trial Lawyers of America News about civil rights, justice, consumer protection, and other legal issues. Center for Justice and Democracy The Center for Justice and Democracy provides research and public affairs information on preserving the right to trial by jury. Foundation for Taxpayer and Consumer Rights News about taxes, justice, and consumer issues. An Independent Judiciary News on federal judicial nominees from the Alliance for Justice. Protecting People's Rights In the Courts ... ... and in the Legislature Five Great Barriers to Civil Justice Sovereign Immunity   Products Liability Statute of Repose   Rule 9(j)   The Cap on Punitive Damages   Contributory Negligence Prepare your home to prevent poisonings Tap water: How safe is it? The nightmare of nursing home abuse Capping a jury's power Mercury in the water: Something fishy? Is there arsenic on your picnic table? Get the lead out! Are tired truckers causing crashes?     HOME | MEMBER HOME   |   CONTACT US | DISCLAIMER | SEARCH   © Copyright North Carolina Academy of Trial Lawyers, Inc., 2002. Contents may not be reproduced without written permission.


Results from search: http://www.safeco.com/safeco/insurance/selectmarkets/sm_malpract.asp

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Results from search: http://www.volunteersinhealthcare.org/FrmField/medsocNY.htm

VIH From the Field, MD Society of NY NY Medical Society to Open Free Clinic profiled 6/99 T he Medical Society of the State of New York is currently developing a free clinic in Queens. The clinic, which is spearheaded by the society's former president, Ralph Schlossman, MD, will be staffed by retired physicians and other community members who will volunteer their time. In order to start the clinic, however, Dr. Schlossman feels that the state must first provide liability insurance for volunteers and waive the biennial $650 physician registration fee. Until then, the clinic is only a dream. Yet, Dr. Schlossman is hopeful. With bipartisan support from New York state Senator Kemp Hannon (R-Chair of Health Committee) and Assemblywoman Ann-Margaret E. Carrozza (D-I), Dr. Schlossman feels that the pending legislation to waive the physician registration fee is an almost certainty. Hannon and Carrozza are also poised to add a line item into the state budget to fund malpractice insurance for retired physician volunteers as soon as the state's new budget is finalized. After these hurdles are crossed, Dr. Schlossman and his colleagues at the Medical Society hope to open a clinic at the New York Hospital Medical Center of Queens. As Dr. Schlossman notes, a free clinic would not create competition for the hospital, but rather help contain costs. "Currently, uninsured, low-income residents use the Emergency Room as primary care," Dr. Schlossman commented, "our free clinic will help the hospital alleviate this problem and also ensure that people get the kind of continuous care they need." Dr. Schlossman has physician volunteers ready to start as soon as the clinic becomes a reality. And, with the society bringing the problems associated with malpractice insurance and registration fees to the attention of state legislators, Dr. Schlossman feels confident that the clinic will become a reality in the near future. For more information about the Medical Society of the State of New York's plans to open a free clinic, please contact, Matthew Guilbault at the Medical Society. He can be reached at 518-465-8085 or by e-mail at mssnyalb@ix.netcom.com . BACK TO INDEX HOME About VIH | RxAssist | Search | Links | Requests & Feedback Copyright 1999-2002,  Volunteers in Health Care 1-877-844-VIHC

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