Tag Archives: medical malpractice

Georgia Supreme Court strikes down medical malpractice damages cap

On March 22, 2010 the Georgia Supreme Court, in Atlanta Oculoplastic Surgery v. Nestlehutt, struck down as unconstitutional Georgia’s statutory limitation on non-economic damages in medical malpractice actions.     Georgia had adopted a cap of $350,000 on non-economic damages in any action (including wrongful death) for medical malpractice cases as part of its 2005 tort reform … Continue reading Georgia Supreme Court strikes down medical malpractice damages cap »

U.S. House repeals antitrust exemption for health insurance, excludes medical professional liability insurance

The U.S. House of Representatives passed the Health Insurance Industry Fair Compensation Act by a margin of 406-19.  This act would remove the antitrust exemption currently provided to the health insurance industry under the McCarran-Ferguson Act of 1945.  However, the version of the act passed by the House allows the medical professional liability insurance industry … Continue reading U.S. House repeals antitrust exemption for health insurance, excludes medical professional liability insurance »

Senator Leahy proposes legislation to repeal antitrust exemption for health and medical malpractice insurance companies

On September 16, 2009 Senate Judiciary Committee Chairman Patrick Leahy, D-Vt. introduced the Health Insurance Industry Antitrust Enforcement Act, legislation intended to eliminate a federal antitrust exemption for health insurance and medical malpractice insurance companies.  Specifically, the bill would repeal the antitrust exemption that was established in the 1945 McCarran-Ferguson Act.   The two key provisions of … Continue reading Senator Leahy proposes legislation to repeal antitrust exemption for health and medical malpractice insurance companies »