February 7, 2025 by matray

Below are some headlines and article synopses from the February 2025 issue of Medical Liability Monitor. To read the articles in their entirety, please subscribe today.

Oregon Supreme Court to Determine MPL Limits in Non-Patient’s Death
The Oregon Supreme Court last month heard oral arguments in a case seeking to define the limits of medical professional liability in situations involving non-patient third parties. The case, Stone v. Witt, involves Shantel Witt, who, while impaired by prescribed medication, crashed her car into bicyclist Marika Stone. Witt was subsequently convicted of first-degree manslaughter, driving under the influence of intoxicants, unlawful possession of oxycodone and unlawful possession of a Schedule IV controlled substance. She was sentenced to more than 12 years in prison. In addition to suing Witt for civil damages, Stone’s estate filed medical negligence claims against Nancy Brennan, DO, and her employer St. Charles Health System, Inc.; Kevin Rueter, MD, and his employer High Desert Personal Medicine, LLC; and Walgreen Co., doing business as Walgreens Pharmacy …

California AG Issues Advisory on use of Artificial Intelligence in Healthcare
California Attorney General Rob Bonta issued a legal advisory last month to healthcare entities that develop, sell or use artificial intelligence (AI) regarding their obligations under California law. The advisory — Application of Existing California Law to Artificial Intelligence in Healthcare — provides specific guidance for healthcare providers, insurers, vendors, investors and other entities involved in the development, sale and use of AI and automated decision-making systems …

New Mexico Leaders Push for MedMal Reform to Address Physician Shortage
The Democratic governor of New Mexico and the state’s House Republican caucus independently announced last month that addressing medical professional liability costs to attract more healthcare workers to the state would be a priority during the 2025 legislative session. Healthcare workers were identified as the top occupational need in 28 of New Mexico’s 33 counties, according to the most recent data …

Georgia Gov. Kemp Names Tort Reform Top Priority, Threatens to Call Special Session If General Assembly Fails to Act
Georgia Gov. Brian Kemp used his recent State of the State Address to declare tort reform his top legislative priority for the year, warning lawmakers that he would call a special session if they failed to pass legislation curbing the rising costs of civil liability awards. While Gov. Kemp’s office had yet to release specific policy proposals by press time, the insurance commissioner’s report resulting from the Data Analysis for Tort Reform Act — which the governor referenced in his address — provides insight into how the General Assembly might proceed …

Massachusetts High Court Rejects Appeal on ‘High-Low’ Agreement Bias
The Massachusetts Supreme Judicial Court last month upheld a trial judge’s decision to deny a medical malpractice defendant’s request to cross-examine witnesses about a “high-low” settlement agreement reached by two other defendants. High-low agreements set minimum and maximum amounts a defendant will pay the plaintiff prior to the jury rendering a verdict …

Federal Agencies Warn of Private Equity’s Increasing Role in Healthcare
The Federal Trade Commission, Department of Justice and Department of Health & Human Services published a joint report last month detailing concerns about the “new and unique” risks associated with the increasing role of private equity in healthcare delivery. The report, titled “Consolidation in Healthcare Markets Request for Information,” urges the U.S. Congress and state lawmakers to implement stricter oversight, including lowering the financial threshold for reporting mergers and expanding transparency rules for ownership structures in healthcare facilities …

Women, Minorities Bear the Brunt of Medical Misdiagnoses
An estimated 795,000 patients a year die or are permanently disabled because of misdiagnosis. Some patients are at higher risk than others. Women and racial / ethnic minorities are 20% to 30% more likely than white men to experience a misdiagnosis …

Subscribe today to get this issue (as well as the 2024 and 2025 Annual Rate Survey at no additional cost).