Medical Liability

11/30/-0001

At a time of mounting concerns about health care costs, America’s broken medical liability system stands as a major concern - raising costs and obstructing quality of care for millions. While many states have adopted successful reforms, sky-high medical liability costs resulting from meritless lawsuits remain a significant problem. Read More...

Healthcare costs continue to rise due to the practice of “defensive medicine”, where doctors are ordering unnecessary tests and procedures as a way to protect themselves from liability. But it is not just the cost of healthcare that is affected by medical liability costs – healthcare quality is also impacted. The availability of some higher-risk medical specialties, such as OB-GYN physicians, is becoming scarce because of high insurance premiums resulting from lawsuits.

Various states have passed reforms modeled after California’s Medical Injury Compensation Reform Act (MICRA), which placed a $250,000 cap on non-economic damages in medical malpractice lawsuits, and in 2017, the U.S. House of Representatives passed the Protecting Access to Care Act. These efforts reduce excessive costs incurred by litigating baseless lawsuits and practicing defensive medicine. In addition, many states have successfully lowered their medical costs and increased the availability of care by passing other medical liability reforms. ILR promotes the continued passing of meaningful medical liability reform to improve America’s healthcare system and ensure the best quality of care possible.

Suggested Resources

Research
  • Bad for Your Health: <br>Lawsuit Advertising Implications and Solutions

    Bad for Your Health:
    Lawsuit Advertising Implications and Solutions

    October 24, 2017

    This paper documents the proliferation of alarmist, misleading ads soliciting the public to file lawsuits against prescription drug and medical device companies. The report explores how these ads exaggerate product risks, minimize benefits Read More

  • ILR Research Review - Fall 2017

    ILR Research Review - Fall 2017

    November 30, 2017

    This special double-issue of the ILR Research Review features a wealth of insight and analysis on the world's rapidly changing litigation environment. The research contained in this issue targets exploitative litigation at home and abroad, examining numerous developments ranging from hyper-aggressive trial lawyer advertising in the U.S. to the imminent expansion of class actions in Europe. Read More

All Results for Medical Liability

  1. Torts of the Future II: Addressing the Liability and Regulatory Implications of Emerging Technologies

    April 18, 2018 | Research

    The second edition of ILR's Torts of the Future research examines evolutions in regulatory and liability trends for emerging technologies including artificial intelligence, virtual reality, wearable devices, and 3D printing. The research also presents a number of updated guiding principles to inform courts, legislators, and policymakers as they seek to address privacy and safety concerns without derailing or delaying innovation.... Read More

  2. Kentucky Chalks Up Two Legal Reform Wins in March

    March 20, 2018 | Blogs

    The University of Kentucky Wildcats are making a strong showing in March Madness, and so is the state legislature. Over the past few weeks, Kentucky has passed two major milestones in legal reform: ensuring transparency in private attorney contracting (TIPAC), and protecting physician peer-review.... Read More

  3. Bad for Your Health:
    Lawsuit Advertising Implications and Solutions

    October 24, 2017 | Research

    This paper documents the proliferation of alarmist, misleading ads soliciting the public to file lawsuits against prescription drug and medical device companies. The report explores how these ads exaggerate product risks, minimize benefits... Read More

  4. U.S. House Passes Medical Liability Reform Bill

    June 28, 2017 | News and Blog

    Today, the U.S. House of Representatives passed the Protecting Access to Care Act of 2017 (H.R. 1215) by a vote of 218-210. This marks a substantial step toward fixing America's broken medical liability system. ... Read More

  5. In the News Today - June 16, 2017

    June 16, 2017 | News and Blog

    Missouri 'Marches Toward Daubert': On August 28, a newly-enacted Missouri law will go into effect which will allow the state to "join the federal courts and 39 other states in applying the Daubert standard for the admissibility of expert testimony."... Read More

  6. In the News Today - May 18, 2017

    May 18, 2017 | News and Blog

    House Bill 1774, a piece of legislation aimed at ending abusive and frivolous hailstorm litigation, is now on its way to Gov. Greg Abbott's desk. The Institute for Legal Reform issued a statement "applauding the Texas legislature for prioritizing legal reform" and urged Gov. Abbott to sign the legislation swiftly.... Read More

  7. In the News Today - April 27, 2016

    April 27, 2016 | News and Blog

    ILR-Funded Ethics & Compliance Report Highlighted: CGMA Magazine, a journal for certified public accountants, writes on the ILR-funded report from the Ethics and Compliance Initiative offering "five principles of high-quality ethics and compliance programs."... Read More

  8. In the News Today - April 6, 2016

    April 06, 2016 | News and Blog

    A federal appeals court drastically slashed a $25.5 million punitive damage award for a woman who claimed a faulty furnace led to her carbon monoxide poisoning.... Read More

  9. Report: Plaintiffs' Lawyers Score Big Perks for Themselves Lobbying Federal Agencies

    September 30, 2015 | Press Release

    ... Read More

  10. The Trial Lawyer Underground: Covertly Lobbying the Executive Branch

    September 30, 2015 | Research

    This report highlights examples of the quiet and effective influence the American Association for Justice, the organization that lobbies on behalf of the plaintiffs' bar, exerts within the Executive Branch.... Read More