Health Law MonitorOtherIntermediate Appellate Court Upholds Minor Statute of Limitations in MPLANovember 12, 2025 Section 55-7B-4 of the Medical Professional Liability Act (MPLA), requires that lawsuits for injuries to minors under ten years of age must be filed within two years of the date of injury or prior to the minor’s twelfth birthday. This limitation is shorter than the general statute of limitations which requires lawsuits for injuries to minors be brought within two years of turning “full age” or… Colorado Caps on Noneconomic Damages for Medical Malpractice Cases Remain Under AttackSeptember 16, 2025 As discussed in Casey Kannenberg’s June Blog post, recent legislation in Colorado is going to dramatically impact the defense of medical negligence claims by tripling the applicable caps for non-economic damages over the next five years. The cap is going to grow over the next five years from $300,000 to $875,000. After that, the noneconomic damages cap will be adjusted biennially for inflation.… Pennsylvania to Fully Implement Three Health Care Licensure CompactsJuly 1, 2025 On June 23, 2025, Governor Shapiro issued a press release announcing that starting July 7, 2025, Pennsylvania will become a full participant in three health care licensure compacts, which will make it easier for qualified doctors, nurses, and physical therapists to provide care in multiple states.[1]This is the culmination of almost a decade of efforts in the Commonwealth to fully implement… Supreme Court Decision Impacts Availability of Gender-Affirming Care For MinorsJune 30, 2025 On June 19, 2025, the United States Supreme Court issued a landmark decision that will significantly impact the availability of gender-affirming care for minors. By a 6-3 decision in United States v. Skrmetti,[1] the Supreme Court upheld Tennessee’s restriction on sex transition treatments for minors, finding that the law did not violate the Equal Protection Clause of The Fourteenth Amendment.… Colorado Caps on Noneconomic Damages for Medical Malpractice Cases to Nearly Triple Over Next Five YearsJune 13, 2025 Recent legislation in Colorado is going to dramatically impact the defense of medical negligence claims. For many years, Colorado has enjoyed a stable, relatively low statutory cap on noneconomic damages at $300,000. Colorado’s noneconomic damages has stood in stark contrast to other states with no (or much higher) noneconomic damages caps, such as Kentucky, Georgia, Florida, Minnesota, and… Supreme Court holds that claims against health care providers for “economic” only damages under the Consumer Credit Protection Act are not subject to the Medical Professional Liability ActJune 12, 2025 In Neidig v. Valley Health Care, the Supreme Court held that the Medical Professional Liability Act did not apply to claims by the plaintiff, as a class representative, that she and others had mammograms at Valley Health which were of suboptimal quality. The plaintiff made claims under the Consumer Credit Protection Act (CCPA), and sought as damages reimbursement of the costs of the mammograms… Indiana Bans Physician Noncompetes with HospitalsMay 9, 2025 On May 6, 2025, Governor Braun signed into law Senate Enrolled Act 475 (“SEA 475”), which significantly transforms the landscape of physician employment contracts with hospitals/hospital affiliated entities within the State of Indiana. As explained in more detail below, this new law prohibits “noncompete agreements” entered into on or after July 1, 2025 between a physician and a hospital, parent… Candidate Selection in Deciding to Take a Malpractice Case to Trial – Does Jury Research Hold a Key?April 2, 2025 To try or not to try, that is the question for lawyers and providers in medical malpractice cases. The pendulum in medical malpractice litigation has swung towards mandatory mediation for pre-trial resolution. But this trend begs the question: are we trying enough medical malpractice cases? What is the impact on the state of the law, the amount of settlements, and public opinion if there are not… Supreme Court to Decide Whether Federal Courts Will Enforce State Statutes Requiring Pre-Suit Affidavits Against Health Care ProvidersMarch 10, 2025 On March 10, 2025, the Supreme Court of the United States agreed to hear Berk v. Choy, No. 23-1620, 2024 U.S. App. LEXIS 18336 (3d Cir. July 25, 2024), a case over whether a Delaware statute which requires service of an affidavit of merit before a claimant can sue a health care provider will be applied in cases filed in federal court. This is important to health care providers because the Supreme… Time to Check Your Organizational Chart For Dormant Tax-Exempt EntitiesJanuary 13, 2025 Does your company have any dormant tax-exempt entities in your organizational chart? If so, read on. In recent Private Letter Ruling (PLR) 202437007[1], the Internal Revenue Service (IRS) revoked the tax-exempt status of an organization. The organization had qualified as a tax-exempt supporting organization under Section 501(c)(3) and Section 509(a)(3) of the Internal Revenue Code (Code), and… Beware: Compliance Deadline for HIPAA Reproductive Health Care Rule Fast ApproachesOctober 1, 2024 On April 26, 2024, the Office for Civil Rights (“OCR”) and the Office of the Secretary in the U.S. Department of Health and Human Services (“HHS”) issued a final rule entitled “HIPAA Privacy Rule to Support Reproductive Health Care Privacy” (“Final Rule”). The Final Rule strengthens the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule[1] by prohibiting the… CCPA in Professional Liability ClaimsAugust 21, 2024 In an effort to get around the American Rule of no recovery for attorney fees on negligence claims, an avenue sometimes explored is the addition of a claim under the Colorado Consumer Protection Act, C.R.S. §6-1-101 et seq. The Act provides for recovery of attorney fees by a successful plaintiff (but not a successful defense unless the claim is frivolous), and treble damages. C.R.S. §6-1-113(2).… |
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