Articles Posted in Legislation

California Medical Malpractice Settlement Illustrates Arbitrary Nature Of Caps On Damages

By Goldberg & Goldberg

Five medical malpractice cases pending in California settled this week for a sum of $1 million.  The settlements arise out of improper patient care that occured at a Northern California kidney transplant center that has been at the center of a controversy revolving around a poor record of patient care. Federal and state investigators forced […]

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Posted in: Failure to Diagnose, Failure to Treat, Legislation, News, Surgical Malpractice, Wrongful Death

Colorado Contemplating Raising Medical Malpractice Caps

By Goldberg & Goldberg

Glori Anne Scott of the Examiner.com wrote an excellent piece in support of the Colorado Legislature’s recent attempts to raise statutory caps on medical malpractice cases in that state. Her explanation applies to counter the arguments of tort reformers everywhere.  While it will likely be a long and difficult battle to educate the Colorado legislature on […]

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Posted in: Legislation, News

Medical Malpractice In The Military

By Goldberg & Goldberg

Should an active member of the United States military be able to sue the United States Government for medical malpractice?  The answer according to the United States Supreme Court in Feres v. The United States, 24 U.S. 135 (1950) is no.  The Feres doctrine, as it is commonly know, prohibits an active member of the military […]

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Posted in: Failure to Diagnose, Failure to Treat, Legislation, Surgical Malpractice, Wrongful Death

Chicago Medical Malpractice – Wrongful Death Damages

By Goldberg & Goldberg

Survivors of a victim of a wrongful death that occured before May 31, 2007 in Illinois were limited under the Illinois Wrongful Death Act to recover only pecuniary loses completely discounting the survivors grief from consideration.  Pecunary loss includes the loss of benefit of the decedent’s love, affection, care, attention, companionship, guidance and protection.  Now an […]

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Posted in: Legislation, Wrongful Death

Further Evidence That Tort Reform Does Not Work

By Goldberg & Goldberg

Here in Illinois the legislature passed the Medical Malpractice Reform Act of 2005.  The MMRA caps damages and contains other relief that benefits nobody but the state’s insurance companies. In neighboring Indiana they have tort reform also.  Claimants are required to present their cases to a medical review board composed of “independent” doctors.  These doctors pass […]

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Posted in: Legislation, Verdicts & Settlements

Saying Sorry

By Goldberg & Goldberg

Often times when we meet with new clients in our Chicago office they tell us that they are most upset about the fact that no one has ever said they are sorry after a tragic event occurs.  Lawyers and insurance companies have for years advised their doctor clients to deny and defend.  The rationale behind […]

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Posted in: Birth Injury, Failure to Diagnose, Failure to Treat, Legislation, Nursing Home Abuse & Neglect, Surgical Malpractice, Wrongful Death

The Malpractice Crisis

By Goldberg & Goldberg

As Chicago Medical Malpractice trial lawyers we are often confronted by people that cite the Medical Malpractice crisis in Chicago, Illinois and nationwide as the primary reason for escalating health care costs.  People believe that medical malpractice lawsuits have resulted in escalating health insurance premiums due to an increase in lawsuit payouts by doctors and […]

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Posted in: Legislation