Health Law MonitorIntermediate 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… West Virginia Health Law 2025 Legislative UpdateMay 8, 2025 West Virginia Health Law 2025 Legislative Update The 2025 Regular Session of the West Virginia Legislature had drama and intrigue as lawmakers considered some high-profile health law legislation. Below is a non-exhaustive recap of legislation related to health matters this session. S.B. 458 – Universal Professional and Occupational Licensing Act of 2025 This bill permits individuals who hold an… 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… Intermediate Court of Appeals of WV Upholds Covid-19 Act ImmunityMarch 21, 2025 Price v. Raleigh General Hospital, a new opinion from the Intermediate Court of Appeals of West Virginia, is an important case for health care providers and other businesses in West Virginia because the court upheld the dismissal of a wrongful death action against the hospital and physician defendants under the immunity provisions of the Covid-19 Act. In the midst of the Covid pandemic, the West… 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… Doctor’s Orders: New Indiana Bill Pushes to End Physician Non-CompetesMarch 7, 2025 Indiana is one step closer to a landmark change in healthcare employment. On January 28, 2025, the Indiana Senate passed Indiana Senate Bill 475 (“SB 475”), which, if signed into law, would outright ban employers from entering into physician non-competes with any physician after June 30, 2025. While it may seem like SB 475 is a sudden change, it is a natural continuation of the state’s… |
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