Medical Malpractice Caps Are Ill-Advised.Tort “Reform” Hurts.
The New York State Bar Association, of which I am proud to be a member, is yet another nationally recognized and bipartisan organization that sees through the tort “reform” movement. In a November 13, 2009 letter to U.S. Senators Charles Schumer and Kristin Gillibrand, The NYSBA’s President, Michael E. Getnick, urged that “[i]n assessing the [...]
From the Heights of Hypocrisy, to Mourning Ted Kennedy
The Injury Board has an ascerbic post by Mark Bello, who discusses one of the more notable examples of hypocrisy in the debate on tort reform: the U.S. Chamber of Commerce wants trial lawyers.
And speaking of hypocrisy, Rush Limbaugh declared yesterday that if Democrats used Ted Kennedy’s death to push through their “rationed” healthcare legislation, [...]
NY Court of Appeals Rules On Subrogation Rights of Health Insurers
In a decision issued today, Fasso v. Doerr, NY Slip Op 01320 (2009), New York’s Court of Appeals addressed an issue that comes up repeatedly in medical malpractice and personal injury actions. Can the plaintiff and the defendant come to a settlement agreement that extinguishes the insurer’s subrogation rights? The Court’s answer? Not without the subrogee’s consent. [...]