Medical Liability

Our nation's healthcare system is in crisis. An increase in the number of lawsuits filed and a rise in jury awards against healthcare professionals and organizations in the past decade have sent malpractice insurance premiums and overall healthcare costs soaring.

Medical malpractice tort costs is the largest area of growth among U.S. tort costs, totaling $28.7 billion in 2004 and rising an average of 11.7 percent annually since 1975 (compared to a 9 percent increase for all other tort costs).

While frequently the outrageous cost impacts of medical malpractice lawsuits are the focus of attention, another cause for concern is the questionable nature of many of these claims. A study from the Harvard School of Public Health found that as many as 40 percent of medical malpractice lawsuits they reviewed were groundless, meaning the study found no evidence that a medical error was committed or that the patient suffered any injury.

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Issues/Research: Medical Liability

101 Ways To Improve State Legal Systems

This user's guide to promoting fair and effective civil justice provides policymakers with a compilation of some of the many avenues available to fostering a sound legal system that promotes states’ economies. The reforms are organized into five areas. The first section highlights five reforms that have gained momentum and should be of particular interest to state legislators. The report then considers fair and effective measures that would improve the litigation process, improve product liability law, promote rational liability rules, and rein in excessive damage awards. LEARN MORE »

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Health Hazard: Litigation Increases Medical Costs, but Lawyers Block Reform

National Voter Survey: Health Care Reform and the Legal System

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Lawyers' Creatives -- Medical Malpractice Findings

Lawyers Creatives - Medical Malpractice FindingsBoth the spending and frequency of lawyers mass tort solicitation creatives focusing on medical malpractice claims have increased massively since 2004. From 2004-2008 the spot count of these advertisements has increased over 1400% while the spending on these types of ads shot up over 1500% percent.

 

 

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Chemtall Inc. v. Madden, 221 W.Va. 415

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White v. Ford Motor Co., 500 F.3d 963

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Nonnon v. City of New York, 9 N.Y.3d 825

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Family Health Care Accessibility Act of 2007

To amend the Public Health Service Act to provide liability protections for volunteer practitioners at health centers under section 330 of such Act.

Philip Morris USA v. Williams, 549 U.S. 346

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Healthy Mothers and Healthy Babies Access to Care Act

A bill to improve women's access to health care services and provide improved medical care by reducing the excessive burden the liability system places on the delivery of obstetrical and gynecological services.