Latest news with #MedicalMalpracticeAct
American Press
6 days ago
- Health
- American Press
At the session: See how SW La. lawmakers are voting
(Special to the American Press) Southwest Louisiana legislators, for the most part, have supported the more controversial measures of the current regular session. Rodney Schamerhorn, R-Hornbeck, for example, was the only one of the area's 4 senators and 9 representatives to vote against a bill shielding the state's nursing homes from large lawsuit penalties. Senate Bill 134 from Sen. Thomas Pressly, R-Shreveport, will require lawsuits against nursing home management companies to go through the state's Medical Malpractice Act, which caps the payout that a company could be on the hook for. The cap is $500,000, but the individual owner or provider would pay only $100,000, while the state's Patient's Compensation Trust Fund would make up the rest. Pressly's bill passed the Senate 26-11 and the House 58-37. Voting for the bill were Republican Sens. Mark Abraham of Lake Charles, Heather Cloud of Turkey Creek, Mike Reese of Leesville and Jeremy Stine of Lake Charles and GOP Reps. Ryan Bourriaque of Grand Lake, Dewith Carrier of Oakdale, Les Farnum of Sulphur, Brett Geymann of Moss Bluff, Chuck Owen of Rosepine and Troy Romero of Jennings. Reps. Wilford Carter, D-Lake Charles, and Phillip Tarver, R-Lake Charles, were recorded as absent. Abraham, Cloud, Reese and Stine voted for SB 19 by Sen. Michael 'Big Mike' Fesi, R-Houma. The legislation would authorize Louisiana to dispense the controversial ivermectin drug without requiring a prescription from a patient's physician. The bill passed the Senate 28-8 and the House 67-26. Reps. Bourriaque, Carrier, Farnum, Owen, Romero and Schamerhorn voted for the bill. Carter, Geymann and Tarver were recorded as absent. House Bill 148 by Rep. Jeffery 'Jeff' Wiley, R-Maurepas, was a measure strongly pushed by Gov. Jeff Landry. It will allow the state insurance commissioner to reject auto insurance increases even when they are justified by factual information. Opponents, including Commissioner Tim Temple, said it would cause insurance companies to not want to do business in Louisiana. The bill passed the House 68-34 and the Senate 26-9. Reps. Bourriaque, Carter, Farnum, and Romero voted for it. Reps. Carrier, Geymann, Owen, Schamerhorn and Tarver voted against the bill. Abraham, Cloud, Reese and Stine voted for the bill. The vote on HB 674, an ethics bill, was unanimous in the House and 34-2 in the Senate. Twelve of the 13 Southwest Louisiana lawmakers voted for the bill that would limit the investigatory powers of the state Board of Ethics and make investigations more difficult. Carter was reported as absent. The Advocate in an editorial on the bill said there was a lot packed into it, 'so you would expect it to have sparked spirited debate on the House floor. Yet not a single Republican or Democrat raised any questions.' HB 693 that is described as 'a sprawling revision of Louisiana's campaign finance laws and disclosure' passed the House 77-16. Bourriaque, Carrier, Farnum, Owen, Romero, Schamerhorn and Tarver voted for the bill. Carter and Geymann were recorded as absent. The Senate and Governmental Affairs Committee made some amendments to the bill Wednesday. SB 2 by Sen. Fesi that was designed to take fluoride out of public drinking water cleared the upper chamber 24-10. Abraham, Cloud, Reese and Stine voted for the bill. However, the House Health and Welfare Committee with a 5-10 vote killed the bill. Dentists and doctors who testified in committee said if fluoride were taken out of water, 'We're going to see a significant amount of decay.' SB 101 by Sen. Blake Miguez, R-New Iberia, would allow those 18 and older who can carry a gun without obtaining a permit and those with permits to carry it up to a school's property line. Current law says a concealed carry permit is needed to have a firearm within 1,000 feet of a school. The bill passed the Senate 28-11 and the House 72-23. Abraham, Cloud, Reese and Stine voted for the bill. Bourriaque, Carrier, Farnum, Geymann, Owen, Romero and Schamerhorn voted for the bill. Carter and Tarver were recorded as absent. The bill went back to the Senate with amendments with which the House must approve.
Yahoo
6 days ago
- Health
- Yahoo
Jury hits Presbyterian with $40 million verdict in medical negligence case
Jun. 4—A jury this week awarded more than $40 million in damages to a couple who argued that personnel at Presbyterian Healthcare Services failed to diagnose a condition that resulted in brain damage to their infant child. The couple argued in a lawsuit that Presbyterian personnel failed to diagnose the infant's low blood glucose levels after the child's birth in April 2019, resulting in permanent developmental effects. The award included $15 million in punitive damages against Presbyterian. Jurors also awarded nearly $25 million to the child, now 6, and a total of $825,000 to the boy's parents, Samantha and Patrick Leonard. Jurors also found that the conduct of four Presbyterian personnel, including two physicians and two registered nurses, showed "reckless or wanton" behavior on the part of the health care system, 2nd Judicial District Court records show. Jurors handed down the verdict on Monday following a two-week trial before state District Judge Denise Barela-Shepherd. Presbyterian called the judgment "excessive" in a statement issued Tuesday. "While we respect the judicial process, we have serious concerns about this outcome and the unprecedented size of the damages awarded," the statement said. "We intend to pursue legal options to address what we consider to be an excessive judgment." "Presbyterian is committed to providing safe, high-quality care to our communities," it said. The verdict comes about six months after a Bernalillo County jury awarded nearly $17 million in damages to a woman who carried a 13-inch metal instrument in her abdomen for two months following a 2019 surgery at Presbyterian Hospital. That Jan. 14 verdict included $15 million in punitive damages against Presbyterian. Earlier this year, lawmakers failed to approve a bill that sought to counter the shortage of health care providers in New Mexico by changing the state's Medical Malpractice Act, including limiting attorney fees in medical malpractice cases. Senate Bill 176 died in committee after drawing strong opposition from trial lawyers and patients injured by medical malpractice. Supporters of the bill argued that New Mexico's medical malpractice laws have made the state a magnet for out-of-state attorneys and discouraged doctors from practicing here. In 2022, New Mexico had the highest medical malpractice insurance loss ratio in the country, according to a recent Think New Mexico report, meaning insurers paid out 183% of the premiums they took in. Indeed, New Mexico was one of only seven states where insurers lost money, making it much more expensive for them to function in this market. Lisa Curtis, an Albuquerque attorney who represented the Leonard family, said jurors awarded $15 million in punitive damages as a warning to Presbyterian. "It's clear they were just trying to send a message — take better care of our children," Curtis said Tuesday. An attorney for Presbyterian Healthcare Services, Colleen Koch, did not immediately return phone messages Tuesday seeking comment. The boy, who was born about three weeks prematurely at Presbyterian Hospital in April 2019, had undetected hypoglycemia, or low blood sugar, due to high insulin levels, according to the 2022 lawsuit. The boy was discharged from the hospital two days after birth. Seven days after discharge, the boy became "fussy and febrile with less active feeding" and was readmitted to Presbyterian. Eight days after the boy's birth, his brain and heart shut down, Curtis said. "They started testing his blood sugar after that," she said. "His blood sugars were super low. They figured it out in a day once he had crashed and they tested him." Presbyterian violated its own policies that require blood-sugar testing for all babies born prematurely within 24 hours of birth, Curtis argued. The boy "suffered undetected hypoglycemia with subsequent seizure activity and respiratory arrest when he was only (8) days old," the lawsuit said. The boy "is suffering the long-term consequences of developmental delay/sensory disorder, abnormal vision and behavioral effects."
Yahoo
7 days ago
- Business
- Yahoo
Louisiana likely to make it harder to sue nursing homes over wrongful deaths
Louisiana legislators have sent legislation to shield nursing homes from lawsuit damages to Gov. Jeff Landry's desk. (Getty Images) Louisiana lawmakers gave final approval to legislation Tuesday to limit the amount of money nursing home residents and their families receive from lawsuits over injuries, neglect and wrongful deaths. Senate Bill 134 has been one of the most controversial bills of the legislative session. Advocacy organizations for seniors and people who are disabled made it a top priority to defeat the bill, saying it would protect nursing homes owners who keep their residents in dangerous situations. 'We are supposed to protect the elderly – not somebody who is trying to make more money off the elderly,' said Rep. Mandie Landry, D-New Orleans, who opposed the bill. Supporters insisted the proposal was not just about nursing homes and would protect a variety of medical facilities from frivolous lawsuits. But Louisiana's powerful nursing home owners were the primary backers of the bill and made it the focus of their legislative agenda this year. 'We're going to have those health care facilities turning in their keys because they can't do business in this state anymore' if these lawsuits continue, Wes Hataway, policy director for the Louisiana Nursing Home Association, said at a legislative hearing last month. There are more than 60 lawsuits pending against nursing homes across the state that could be limited by the legislation. They are being brought by residents and families, often alleging a loved one developed bedsores or injuries from repeated falls while living at a facility. The lawsuits allege the nursing homes and their management companies don't hire enough staff to watch the residents adequately, instead prioritizing lower costs and maximum profits. The bill would limit the damages that can be recovered from such a lawsuit. It would bring many of the lawsuits nursing homes currently face under the state Medical Malpractice Act, which caps awards at $500,000. SUPPORT: YOU MAKE OUR WORK POSSIBLE Recently, lawsuits against Chateau St. James Rehab and Retirement in Lutcher and Heritage Manor West in Shreveport over infected bedsores that contributed to residents' deaths had produced awards worth millions of dollars, far more than the legislation would allow. Nursing home owners are among the state's biggest political donors and one of the most influential industries at the Louisiana Capitol, focusing many of their contributions on state lawmakers and governors. A handful of legislators also have direct ties to the nursing home industry. Senate President Cameron Henry, R-Metairie, and Sen. Bob Hensgens, R-Abbeville, are part of the 10-person ownership group of Acadia St. Landry Nursing and Rehabilitation Center in Church Point. Their nursing home currently faces a wrongful death lawsuit. The nursing home industry pushed for this bill particularly hard, employing extra lobbyists and recruiting other influential groups such the Louisiana Association of Business and Industry and the Louisiana Hospital Association to support the proposal. The legislation passed easily, with a 58-37 vote in the House Tuesday and a 26-11 vote in the Senate last month. Gov. Jeff Landry could still attempt to block the legislation from passing into a law with a veto however. Legislators opposed to the bill attempted to water down the legislation by adding an amendment that would block a nursing home from being put under the $500,000 medical malpractice cap if it was poorly rated by the federal government. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The U.S. Centers for Medicaid and Medicare Services give nursing homes ratings of one to five stars based on factors such as facility inspections and staffing. The proposed amendment would have permitted lawsuits carrying greater risk to be brought against those nursing homes receiving one- or two-star ratings. 'Don't we want our seniors, our family members, our grandparents …to be in a safe space?' asked Rep. Stephanie Hilferty, R-New Orleans, who sponsored the amendment on the House side. Backed by AARP and other advocates for seniors, similar amendments failed in both chambers, with the Senate voting one down 20-16 and the House voting one down 57-39. Louisiana has some of the worst-rated nursing homes in the country, with approximately two-thirds of the facilities receiving one- and two-star ratings, according to Hilferty. She said those poorly-rated nursing homes make up 50% of such facilities in Metairie, which she represents in part, and more than 70% of nursing homes in Baton Rouge. Rep. Michael Melerine, R-Shreveport, defended the nursing home industry on the House floor, saying the facilities might face challenges with keeping residents healthy because of Louisiana's high rates of obesity and diabetes. He also said the state's general shortage of nurses contributes to low staffing at the facilities. 'You cannot address this without addressing the shortage of registered nurses,' he said. Melerine's law partner, Sen. Alan Seabaugh, R-Shreveport, is one of the sponsors of the legislation. Seabaugh is an attorney representing a nursing home facing a lawsuit over neglect in Bossier Parish.
Yahoo
16-03-2025
- Health
- Yahoo
Medical malpractice bill dies in Senate committee
Mar. 15—A bill intended to counter the shortage of health care providers in New Mexico by making changes in the state's Medical Malpractice Act failed to clear a Senate committee. Members of the Senate Health and Public Affairs Committee voted 5-4 against the bill following a two-hour debate Friday evening. Senate Bill 176, which sought to limit attorney fees in medical malpractice cases, drew strong opposition from trial lawyers and patients injured by medical malpractice. It was the only one of the six bills before the Legislature that had a shot of passing at a time when New Mexicans are facing a critical shortage of doctors, in part because New Mexico is one of the most expensive states to insure for medical malpractice given the number of lawsuits filed here annually. Providers and insurers pay out over $100 million a year in medical malpractice settlements, as a percentage of premiums collected by far more so than every other state in the union. And, as the Journal reported last week, Democratic state legislators are by far the biggest recipients of trial lawyer money. Discussion at times became emotional as lawmakers described personal health issues involving themselves and family members. Sen. Cindy Nava, D-Bernalillo, who voted against SB 176, wept as she described surviving a brain tumor removed by a surgeon who has since left New Mexico for reasons unrelated to medical malpractice. Nava said she favors legislation that would invest in physicians and encourage them to come to New Mexico. "I just don't see this piece of legislation doing that," she said. Senate Bill 176 would end lump-sum payouts from the state's patient's compensation fund, which helps providers pay for malpractice settlements. Instead, it would require that payments be made as expenses are incurred by patients. The bill, which had 24 sponsors as of Friday, also would cap attorney fees in malpractice cases at 25% in cases settled before trial and 33% if the case goes to trial. A third provision on SB 176 would dedicate 75% of punitive damages to a new patient safety improvement fund administered by the state Department of Health. Money from the fund would be appropriated by the Legislature to improve patient safety and health care outcomes. Nava and others expressed discomfort with the creation of the new fund that would receive the lion's share of punitive damages. "I'm really offended by the idea of taking 75% of a punitive damage award from an injured party and giving it to a state-run fund," said Sen. Antoinette Sedillo Lopez, D-Albuquerque, who voted against the bill. "It takes away a portion of the money that the victim should get to punish the hospital for outrageous behavior." The bill's failure to emerge from committee essentially kills any chance of a medical malpractice measure passing in this session, said Sen. Martin Hickey, D-Albuquerque, a sponsor of SB 176. "I actually think that we were able to get the facts out, that trial lawyers are bringing cases without merit and getting settlements," said Hickey, who testified Friday in favor of the bill. The bill's failure will hamper the state's ability to expand the physician workforce, he said. Hickey told committee members that physicians and practice groups often feel compelled to settle lawsuits before trial to avoid the risk of a large punitive damage award. "That's what puts fear into the hearts of physicians in New Mexico," Hickey testified. Leaders of single-specialty practice groups say that "virtually every case now comes with the threat of punitive damages if they don't settle." All settlements are listed in a national database, which can make it harder for physicians to find jobs, he said. The number of reported payments made in medical malpractice cases involving New Mexico physicians have increased from 84 in 2020 to 130 in 2024, according to the National Practitioners Data Bank. Hickey also testified that several malpractice lawsuits have resulted in historically large jury awards in recent years, including a $412 million jury verdict in 2024 that he described as the largest-ever malpractice award in U.S. history. That case involved a 66-year-old Rio Rancho widower who sued the now-closed NuMale Medical Center in Albuquerque after receiving alleged dangerous penile injections in 2017. The clinic was part of a Las Vegas, Nevada, chain that filed for bankruptcy in February, according to court records. The 2000 lawsuit alleged the widower sought treatment for fatigue and weight management, but was misdiagnosed and treated for erectile dysfunction, according to his lawsuit. As a result, he was left with a scarred and nonfunctional penis, the lawsuit alleged. A jury took less than four hours to award him $37 million in compensation for his lifetime medical needs and $375 million in punitive damages. Sen. Angel Charley, D-Acoma, said a 25% cap on attorney fees would put New Mexico patients in a situation similar to those who rely on care from the Indian Health Service, which is subject to federal tort claims laws. "That means attorneys will not take a medical malpractice lawsuit," said Charley, who voted against the measure. "I don't want this state to have the same kind of health care that we have on the reservation." Committee members who voted against the bill were Nava, Charley, committee chair Sen. Linda Lopez, D-Albuquerque, and Sen. Shannon Pinto, D-Tohatchi. Those supporting the bill were Hickey, Sen. Jay Block, R-Rio Rancho, Sen. Larry Scott, R-Hobbs, and Sen. David Gallegos, R-Eunice. Lisa Curtis, an Albuquerque medical malpractice attorney, cheered the bill's defeat following the vote. "It's a horrible bill," Curtis said. "It does nothing to fix the problems." She blamed the malpractice suits on hospital corporations that engage in ruthless cost-cutting and pay physicians based on their productivity. "Nobody is willing to talk about the private equity guys that are choosing to put their money in the New Mexico health care system because it's so profitable," she said. Fred Nathan, executive director of Think New Mexico, which helped draft the legislation, said the bill received strong support from both Democrats and Republicans. "Naturally we're disappointed, but we remain encouraged by the support it garnered," he said. The bill ultimately had 24 co-sponsors, including 12 Republicans and 12 Democrats. "This is a solid foundation that we can build on going forward."
Yahoo
15-03-2025
- Health
- Yahoo
Medical malpractice overhaul fails in first committee
Supporters of overhauling medical malpractice laws in New Mexico likely will have to wait another year. The Senate Health and Public Affairs Committee voted 5-4 Friday night against Senate Bill 176, with Republicans on the panel in favor of the bill and Democrats split but mostly opposed. SB 176 would have faced high hurdles even if it had survived its first committee, as it would have needed to face additional committee hearings and then a vote of the full Senate before repeating the same process in the House — all with just a week left in this year's legislative session. Medical providers and hospitals have been complaining for years that the cost of medical malpractice insurance makes it hard to operate in New Mexico. SB 176, which had about two dozen co-sponsors from both parties, would have capped attorneys' fees in malpractice cases and siphoned off 75% of punitive damages to finance a "patient safety improvement fund" intended to preempt medical malpractice through reducing staff-to-patient ratios and improving training and equipment. Sen. Martin Hickey, D-Albuquerque, one of the bill's sponsors, said that while the doctor shortage is a nationwide problem, it is hitting New Mexico harder than other states. New Mexico is losing doctors, he said, and will not be able to care for its aging population unless it can attract more. 'The elephant is moving past the throat of the larynx of the state ... and the demand for care is going to way outstrip what we can supply,' Hickey said. Other supporters talked about the struggles of rural areas in particular. Sen. David Gallegos, R-Eunice, said doctors will continue to flee to neighboring states if New Mexico doesn't bring costs down for them. 'It is critical we have the same opportunities as the docs in Texas,' he said, or New Mexico will continue to lose doctors. However, the bill's opponents worried it would make things harder for patients who are wronged while rewarding the hospitals and doctors who wronged them. Sen. Antoinette Sedillo Lopez, D-Albuquerque, spoke at length against the bill, accusing hospitals of using 'the sky is falling rhetoric' to get out of what they agreed to during a 2021 overhaul to the state's Medical Malpractice Act. Sedillo Lopez said the real problem is the role of profit in the health care system and said she was disappointed a bill introduced this year to require review when a private equity company tries to buy a hospital stalled in a committee and likely will not pass. SB 176, she said, would be "giving a gift basket to these private equity hospitals that are not letting doctors make decisions about their own cases." Sen. Angel Charley, D-Acoma, said she was so offended she had to walk away from a colleague who said on the Senate floor Friday morning winning punitive damages was 'like hitting the jackpot.' Charley said her aunt was one of the people with stories of medical malpractice who testified before the committee Wednesday, the first day of the hearing. 'Her husband died,' Charley said. 'He's no longer here and she's going through life by herself now. That's 'like 'hitting the jackpot.' " Charley said many of her constituents rely on the Indian Health Service, which is regulated by the federal Tort Claims Act and which has caps similar to the ones in SB 176. 'That means attorneys will not take a medical malpractice lawsuit,' she said. '... I don't want this state to have the same kind of health care that we have on the reservation.' Charley told a story about her father, who went to see the doctor due to a toothache. To save money, she said, they pulled all of his teeth. 'I know what it's like to go to a hospital to receive care — or lack of care — from an institution that has the rates we're trying to advocate for here,' she said.
