Punitive Damages

  • Read more: Doctors Conducting Peer Review Can Recover Compensatory and Punitive Damages for Confidentiality Violations

    Doctors Conducting Peer Review Can Recover Compensatory and Punitive Damages for Confidentiality Violations

    By Alex Stein The Supreme Court of New Mexico has recently delivered an important decision protecting peer reviewers’ statutory entitlement to confidentiality. Yedidag v. Roswell Clinic Corp., — P.3d —- (N.M. 2015), 2015 WL 691333. The Court ruled that peer reviewers can sue violators of their confidentiality right and recover compensatory and even punitive damages. This…

  • Read more: Suits for nursing-home neglects sound in general negligence rather than medical malpractice, and are consequently not subject to damage caps

    Suits for nursing-home neglects sound in general negligence rather than medical malpractice, and are consequently not subject to damage caps

    By Alex Stein The West Virginia Supreme Court has recently delivered a super-important malpractice decision, Manor Care, Inc. v. Douglas, — S.E.2d —- (W. Va. 2014), holding that suits for nursing-home neglects sound in general negligence, rather than medical malpractice, and are consequently not subject to damage caps. This decision is very well reasoned and I expect…

  • Read more: Anti-Abortion Practices at Catholic Hospitals as Medical Malpractice

    Anti-Abortion Practices at Catholic Hospitals as Medical Malpractice

    By Alex Stein The New York Times has recently reported about a suit filed by ACLU against the United States Conference of Catholic Bishops for requiring Catholic hospitals to avoid abortion “even when doing so places a woman’s health or life at risk.” The suit unfolds a disturbing story about an 18-week pregnant woman who rushed…