Ohio Supreme Court Upholds Caps on Non-Economic Damges in Personal Injury Cases

January 7, 2008

In a 5-2 decision, the Ohio Supreme Court upheld the constitutionality of a 2004 law capping damages for pain, suffering and other non-economic damage claims in personal injury and other lawsuits.  Ohio’s law does not limit damages in catastrophic cases such as those involving paralysis and loss of limb.  Although not a part of this case, the ruling is likely to bolster the argument that similar caps put in place in medical malpractice cases will likewise be found constitutional.

To read the entire Toledo Blade article, please click on the following link:

http://toledoblade.com/apps/pbcs.dll/article?AID=/20071227/NEWS02/170076094

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.


New York – Plan to Impose $50,000 Fee on Every Physician to Combat Medical Malpractice Insurance Issues

January 7, 2008

Physicians in New York are concerned over a recent report that the state’s insurance commissioner is threatening to impose a $50,000 fee on every doctor in the state as a solution to the state’s medical malpractice insurance crisis.  Leaders of the state’s medical groups are warning that such a surcharge would force doctors out of practice.  The commissioner said that the fee would be required by law to guarantee the solvency of the state’s medical malpractice insurers.  Any fee would follow a 14% increase in medical malpractice insurance rates that went into effect this summer.  The rate, set by the Insurance Department, vary by county and specialty.  For example, neurosurgeons in Brooklyn currently pay $267,000 annually on average for malpractice insurance while general surgeons in Manhattan pay $123,120 and obstetricians in Queens pay $180,490.

To read the entire New York Sun article, please click here:  http://www.nysun.com/article/68597

For more information on defending medical malpractice, nursing home and general liability matters in Florida contact Howard Citron at Citron & Associates, P.A. – www.citronlegal.com.