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February 06, 2012
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Medical Malpractice News

 

Maryland,Virgina And DC, Malpactice Tort Reform

The law governing malpractice varies from state to state, but among the goals of tort law are compensation for the victim and deterrence of malpractice. To prevail in court, the injured person must demonstrate that the injury was caused by a health care provider’s negligence. In the context of malpractice, negligence means proving that the provider failed to meet the same standard of care expected of a member of the profession in good standing in the same circumstances, and that the provider’s failure caused the injury that resulted in damage or loss.

To date, the District has not adopted any major changes to its tort law, while both Maryland and Virginia have adopted selected tort reforms with differing approaches. For example, Virginia has a $1.5-million cap on total damages, whereas Maryland caps nonmonetary damages at $575,000. For filing claims, Virginia provides 2 years from the date of the injury with some stated extensions, while Maryland provides 5 years from the date of injury or 3 years from discovery, whichever is earlier. Neither state has amended its collateral source rule. While the District does not have a specific arbitration program for malpractice cases, as do Maryland and Virginia, the courts can order nonbinding arbitration or the parties can agree to binding arbitration.

Please contact us if anyone you know has suffered from debilitating injuries due to medical malpractice in North Dakota.

 

 
Did You Know?    
 
 
Gastric-Bypass surgery is an intrusive & risky surgical operation
Gastric-bypass malpractice occurs when a medical professional causes harm or personal injury while performing the surgery or through a general or particular negligence. Some types of gastric bypass operations: Open Roux en Y (Rny), (Restrictive with some Malabsorption) Laparoscopic Roux-en-Y,Fobi Pouch (Restrictive with Malabsorption) , stomach staple, & more.

 


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News about Medical Malpractice cases in North Dakota and nationwide:

Medical Malpractice Liability Insurance Premium Assistance Fund
The Department of Banking and Insurance (“Department”) is issuing this public notice as required by N.J.S.A. 17:30D-28 et seq. and N.J.A.C. 11:27-7...
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Medical Malpractice Rate Decrease of 1.5 Percent
Market continuing to stabilize

COLUMBUS – Department of Insurance Director Ann Womer Benjamin announced that three of the five largest medi...

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Medical Malpractice Reform Would Curb Costs & Improve Access To Health Care
   WASHINGTON, D.C. - The shortcomings of the medical liability system have driven up health insurance premiums and reduced a...
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Lawyer North Dakota.com Terms

 


Today's Terms

Collateral source rule

Definition:
Under this rule, compensation awarded to an injured party shall not be reduced by the amount of compensation available to him from his insurance company or other independent sources.

Achondroplasia

Definition:
Achondroplasia is a genetic disorder of bone growth that is evident at birth. It affects about one in every 25,000 births and it occurs in all races and in both sexes. Its depiction in ancient Egyptian art makes it one of the oldest recorded birth defects.

Confidentiality

Definition:
The principle that prohibits physicians from disclosing confidential comments made to them by patients unless required to do so by law. The law may require physicians to violate patient confidentiality if the patient poses a serious threat to his or her own health and the well-being or that of others.

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Malpractice Resources

 


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Malpractice Hot Topics

 
Topics Related to Medical Malpractice:

  • Surgical Malpractice
  • Medication Errors
  • Bacterial Infections
  • Birth Injury
  • Dental Malpractice

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North Dakota Medical-Malpractice Attorney

 
If you live in the following cities and need an Medical-Malpractice attorney you should contact our Medical-Malpractice Attorney as soon as possible:

  • Bismarck
  • Dickinson
  • Fargo
  • Grand Forks
  • Jamestown
  • Mandan
  • Minot
  • Wahpeton
  • West Fargo
  • Williston
 


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