Medical Liability

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.

01/01/2019

Suggested Resources

Research
  • ILR Briefly COVID-19 Series: State Liability Problems and Solutions

    ILR Briefly COVID-19 Series: State Liability Problems and Solutions

    May 21, 2020

    As states reopen and continue to respond to the needs of their citizens and economies, it is important that they consider offering liability protections to prevent a wave of COVID-19 lawsuits at the state level. This edition of ILR Briefly documents major hot spots for COVID-19 litigation under state law and provides an array of policy solutions to prevent lawsuits from disrupting states' economic recoveries. Read More

  • ILR Briefly COVID-19 Series: Federal Liability Problems and Solutions

    ILR Briefly COVID-19 Series: Federal Liability Problems and Solutions

    May 07, 2020

    As the public health and economic consequences of COVID-19 continue to mount, plaintiffs' lawyers are looking for ways to expand upon their legal theories and bring opportunistic litigation. This edition of ILR Briefly explores four projected hot spots of COVID-19 litigation: exposure liability, product liability, medical malpractice, and securities litigation. The paper goes on to recommend targeted federal legislative and administrative solutions to combat abusive lawsuits in these areas and protect the economic recovery. Read More

All Results for Medical Liability

  1. ILR Briefly COVID-19 Series: State Liability Problems and Solutions

    May 21, 2020 | Research

    As states reopen and continue to respond to the needs of their citizens and economies, it is important that they consider offering liability protections to prevent a wave of COVID-19 lawsuits at the state level. This edition of ILR Briefly documents major hot spots for COVID-19 litigation under state law and provides an array of policy solutions to prevent lawsuits from disrupting states' economic recoveries.... Read More

  2. ILR Briefly Live Event: COVID-19 State Liability Issues and Solutions

    May 13, 2020 | Video | Watch

  3. ILR Briefly COVID-19 Series: Federal Liability Problems and Solutions

    May 07, 2020 | Research

    As the public health and economic consequences of COVID-19 continue to mount, plaintiffs' lawyers are looking for ways to expand upon their legal theories and bring opportunistic litigation. This edition of ILR Briefly explores four projected hot spots of COVID-19 litigation: exposure liability, product liability, medical malpractice, and securities litigation. The paper goes on to recommend targeted federal legislative and administrative solutions to combat abusive lawsuits in these areas and protect the economic recovery.... Read More

  4. Plaintiffs' Lawyers Seething Over Push To Limit COVID-19 Related Medical Liability

    April 29, 2020 | News

    Plaintiffs' attorneys claim the health care and insurance industries are taking advantage of the COVID-19 pandemic to push for civil and criminal immunity, according to a report in Law 360.... Read More

  5. Protecting Doctors And Nurses On The Front Lines Of This Pandemic From Lawsuits

    April 22, 2020 | News

    While most Americans work to help fight this pandemic, a minority of bad actors are trying to take advantage of it. Trial lawyers see profit in these challenging and vulnerable times, and have begun soliciting for new plaintiffs and suing businesses, according to an op-ed in USA Today from Blanche Lincoln and Rick Santorum.... Read More

  6. In The News Today - April 17, 2020

    April 17, 2020 | News

    States Pass Lawsuit-Protection Measures Amid COVID-19... Read More

  7. In the News today - April 1, 2020

    April 01, 2020 | News

    Legal Uncertainty Is Hindering Production Of Critical Medical Supplies.... Read More

  8. Congress to Address Facemask Liability as Part of Coronavirus Package

    March 12, 2020 | News

    A new coronavirus bill in the U.S. House of Representatives will include a reform expanding liability protection for companies that sell masks. The House will address N95 mask liability according to a report in the New York Post.... Read More

  9. Legal Reform Opportunities Coming This Fall

    August 16, 2019 | News

    Legal reform advocates in Florida, Georgia, and Missouri are "bullish" on their chances to achieve significant progress this fall and in 2020, reports Law360.... Read More

  10. 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