cmonfils | March 1, 2011

Thompson Publishing          January 2011             Volume. 19, No. 1

In just about every case reported in connection with a plan’s right to reimbursement for benefits paid on account of an injury or illness, it appears that there was no question that the tort settlement proceeds resulted from the negligence of a third party. But what happens if there was negligence by the third party, but it is not clear if negligence caused the illness or injury?

Such cases do occur. And even if it becomes clear (or highly probable) that a third party’s negligence did not cause the illness or injury, it does not mean that the case won’t be settled. If a jury can award sufficient damages when there a dubious link between the negligence and the financial loss resulting from it, the parties may still find it advantageous to settle the case rather than let it go to trial. This happens especially if the cost of continued litigation will be substantial. A good example of this is Bielenberg v. ODS Health Plan, Inc., 2010 WL 4008392 (D. Ore., Oct. 12, 2010). (more…)

Category: Medical Malpractice, Reimbursement | No Comments »
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Adam V. Russo | February 23, 2010

WASHINGTON, D.C., Feb. 22, 2010 – The Self-Insurance Institute of America, Inc. (SIIA) today saluted the exclusion of medical malpractice insurance from a Congressional bill that would eliminate portions of the McCarran-Ferguson Act in governing the insurance industry. (more…)

Category: Health Care Legislation, Medical Malpractice | No Comments »
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Adam V. Russo | November 13, 2009

In 2009, several medical malpractice tort reform bills were introduced to eliminate subrogation rights for all types of lines, including workers’ compensation, health and disability.

Category: Hawaii, Medical Malpractice, Subrogation, Workers' Compensation | No Comments »
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Adam V. Russo | April 15, 2009

by Glorianna Scott, Denver Legal News Examniner, www.examiner.com

Colorado State Representative Christine Scanlan is expected to sponsor a bill to increase statutory caps on medical malpractice lawsuits. A similar bill, sponsored by Representative Terrance Carroll, failed last year. With only five weeks left in this session, Scanlan’s bill may be difficult to pass, but here’s why it should pass anyway: (more…)

Category: Colorado, Medical Malpractice | No Comments »
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