Medical Liability Reform: H.B. 479 (2011)
Requires an M.D., D.O., or D.D.S. licensed in another state
- Requires an M.D., D.O., or D.D.S. licensed in another state to obtain an expert witness certificate before being able to provide expert testimony in Florida.
- Gives the Boards of Medicine, Osteopathic Medicine, and Dentistry the specific authority to discipline any expert witness, both those licensed in state and those with an expert witness certificate, who provide deceptive or fraudulent expert witness testimony.
- Requires the Board of Medicine and the Board of Osteopathic Medicine to create a standard informed consent form that sets forth the recognized risks related to cataract surgery. Provides that an incident resulting from a recognized specific risk is not considered an adverse incident.
- Deletes the provision in current law that prohibits an insurance company from selling a malpractice insurance policy to a physician that gives the physician the authority to control settlement decisions.
- Excludes from evidence in any medical negligence action any information regarding an insurer’s reimbursement policies or reimbursement determinations.
- Provides that the breach of, or failure to comply with, any federal requirement is not admissible as evidence in a medical negligence case.
- Provides that the expert witness who submits the pre-suit verified expert medical opinion is no longer immune from discipline.
- Creates a new pre-suit form, the “authorization for release of protected health information.” This will make it easier for a physician to obtain the patient’s health care information in a malpractice suit.
- Provides that volunteer team physicians are immune from suit when gratuitously rendering care at a school athletic event.
ATRA announces two Utah candidates for attorney general signing its AG transparency code pledge.
A Washington controlled by Democrats would be a bonanza for the trial bar, writes W.J. Kennedy for Legal Newsline.
ATRA supports the SAFE TO WORK Act as part of the Senate’s HEALS Act legislative package for coronavirus relief.
ATRA President Tiger Joyce writes about the American Law Institute’s diversion from its original mission in this opinion editorial for Law360.
ATRA President says COVID-19 statutes reflect a broader perspective than lawsuit shields as they are enacted by lawmakers, not just a single governor.
Missouri Governor Mike Parson signed into law reforms to the state’s punitive damages system, writes John Breslin for the St. Louis Record.
Missouri Gov. Mike Parson signed S.B. 591 to amend Missouri’s consumer protection act and the state’s punitive damages system.
Federal Judge William Shubb ruled that due to insufficient evidence, California cannot require glyphosate-based weedkiller Roundup to be labeled as “known to the state of California to cause cancer.”
ATRA cited in an opinion editorial by John DeMaggio for The Hill regarding potential lawsuit abuse in the wake of COVID-19.