ReleaseWire Connect

The U.S. Virgin Islands government has told V.I. attorney Julie Evert that it is no longer able to pay damages to victims of medical malpractice. This is due to the government's failure to maintain the Medical Malpractice Risk Management Fund, which is stipulated in the government's V.I. Code. Victims of malpractice are now left completely unprotected.

In Chicago, Illinois, a Cook County jury awarded Alizabeth and Elvin Hana $1.35 million in compensatory damages and $13 million in punitive damages. The $14.3 million judgment comes against ISMIE Mutual Insurance, the largest medical malpractice insurer in the state. It was determined that ISMIE acted in "bad faith" when they refused to settle within the policy limits in the wrongful death case of the Hanas' infant daughter. Furthermore, ISMIE also acted in "bad faith" in their failure to inform the doctors of the insurance coverage available to the family, and misleading the doctors into going to trial. This is the 25th bad faith claim against ISMIE in the last 10 years.

Wisconsin, Rep. Christine Sinicki (D-Milwaukee) has recently introduced legislation that would allow medical procedures to be audiovisually recorded with a surgical "black box." If this bill is passed, it would give patients the right to have their surgeries videotaped (Milwaukee-Wisconsin Journal Sentinel). This technology is designed to help surgeons analyze their own performance, as well as provide evidence in the instance of medical malpractice.

On July 12, 2015, Bradley J. Prochaska was presented with the American Association for Justice (AAJ) Dan Cullen Memorial Award by the Birth Trauma Litigation Group. Prochaska was selected as the 2015 AAJ Dan Cullen Award recipient due to his outstanding professional commitment and advocacy in helping injured children.

There are over 1.5 million victims of medical malpractice each year in the United States, which results in almost 100,000 otherwise preventable deaths (Institute of Medicine). Despite the mandated ethical responsibility of physicians, medical errors that negatively affect patients are not being disclosed. This has resulted in a lack of transparency in medical malpractice cases, where physicians are more concerned with protecting themselves rather than the health and safety of victims.

The Florida Supreme Court overruled the decision of a lower court that attempted to retroactively cap the medical malpractice settlement of Miami-area resident, Kimberly Ann Miles. Instead of receiving a retroactively capped settlement of $500,000 due to a 2003 law, Miles was awarded $1.45 million in non-economic damages. The ruling of the Florida Supreme Court sets a nationwide precedent that says the retroactive application of a statute does not apply to medical malpractice.

There has been a recent increase of unqualified physicians performing plastic surgery on patients. This alarming trend has grown so serious that the American Society of Plastic Surgeons (ASPS) has issued a warning regarding the failed procedures of unqualified surgeons. The ASPS states that only board certified plastic surgeons have the necessary qualifications and specialized skills to safely perform these surgeries. There has also been an increase of patients seeking board certified plastic surgeons to help repair the damage created by unqualified physicians.

There are an estimated 100,000 doctors and nurses in the United States who are suffering from addictions to prescription drugs (U.S. Substance Abuse and Mental Health Services Administration). This negligence in quality care has increased the risk of medical malpractice for patients. It has resulted in outbreaks of hepatitis infections, serious injury, and wrongful death.

California Proposition 46, the Medical Malpractice Lawsuits Cap and Drug Testing for Doctors Initiative, was defeated by voters in November of 2014. Prop. 46 would have increased California's medical malpractice damage cap of $250,000 to over $1 million. With the defeat of this initiative, future raises in medical malpractice compensation remains unclear. It not only affects patients in California, but the entire United States.

There is an increasing number of U.S. veterans who become victims of medical malpractice each year. In 2013, there was a total of $91.7 million in settlements paid to victims of veteran clinic medical malpractice, which was the highest total since 2001(Freedom of Information Act request).