Georgia Supreme Court strikes down medical malpractice damages cap

March 25, 2010 |Opinions

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

February 26, 2010 |Opinions

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

September 22, 2009 |Opinions

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 »