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. 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

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

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

    September 30, 2015 | Press Release

    ... Read More

  9. 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

  10. 101 Ways to Improve State Legal Systems: A User's Guide to Promoting Fair and Effective Civil Justice

    September 10, 2015 | Research

    101 Ways to Improve State Legal Systems offers some of the many options available to foster a sound legal system. It considers fair and effective measures to improve the litigation process, promote rational liability rules, and rein in excessive awards.... Read More