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. [...]
News to End the Week
Today’s NY Times is rich in news about health care. The most optimistic news comes from the front of its Business Day section, in which Barry Meier reports that there is a movement afoot, spearheaded by House Democrats Henry Waxman, of California, and Frank Pallone, Jr., of New Jersey, to restore the right of patients [...]
Medical Malpractice Caps Undermine Jury’s Decision in Texas
“Tort reform” has once again succeeded in kicking a man when he is already down. According to yesterday’s Chron.com, the great state of Texas (known for giving us not only “W,” but our country’s highest rate of execution of prisoners) is not such a great place to lose all of your limbs due to a [...]