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
  • 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. In the News Today - March 18, 2014

    March 18, 2014 | News and Blog

    BP is petitioning the full 5th Circuit Court of Appeals to review a panel's decision that proof of causation isn't required under the terms of the gulf oil spill settlement.... Read More

  2. In the News Today - March 14, 2014

    March 14, 2014 | News and Blog

    On Thursday, the Florida Supreme Court struck down the state's $1 million cap on medical malpractice awards, ruling it violated Florida's equal protection law.... Read More

  3. U.S. Chamber: FL Supreme Court Medical Malpractice Ruling Will Make State's Lawsuit Climate Even Worse

    March 13, 2014 | Press Release

    Harold Kim, executive vice president of the U.S. Chamber Institute for Legal Reform (ILR) issued the following statement today on the Florida State Supreme Court's decision in the case of Estate of Michelle Evette McCall v. United States of America concerning the constitutionality of Florida's medical malpractice law.... Read More

  4. In the News Today - November 4, 2013

    November 04, 2013 | News and Blog

    As the SEC's whistleblower reward program gains momentum, look for more follow-on securities litigation Kevin LaCroix writes in the D&O Diary.... Read More

  5. Wisconsin Civil Justice Council and Wisconsin Manufacturers & Commerce Receive ILR's Outstanding Organization Award

    October 23, 2013 | Press Release

    The Wisconsin Civil Justice Council (WCJC) and Wisconsin Manufacturers & Commerce (WMC) received the Outstanding Organization Award at the U.S. Chamber Institute for Legal Reform's (ILR) 14th Annual Legal Reform Summit.... Read More

  6. Legal Reformers Must Act to Heal the Lawsuit System

    October 23, 2013 | News and Blog

    By being proactive and persistent, we can achieve a healthy lawsuit system.... Read More

  7. The New Lawsuit Ecosystem: Trends, Targets and Players

    October 23, 2013 | Research

    Authored by a distinguished group of practitioners, this report examines the developing lawsuit "ecosystem" and areas of litigation of most concern to the business community.... Read More

  8. In the News

    September 25, 2013 | News and Blog

    A week after six lawyers left a Plaintiffs Steering Committee, a lawyer has voluntarily dropped a bellweather transvaginal mesh case against CR Bard Inc. ... Read More

  9. An Rx for Mega Lawsuits?

    September 20, 2013 | News and Blog

    Generic consumer products first appeared on store shelves in the late 1970s as a cost-conscious alternative to brand name grocery products. Today, one can buy practically anything in generic form - from tires to whiskey.... Read More

  10. Journal Blasts

    September 09, 2013 | News and Blog

    The Alabama Supreme Court is revisiting its "innovator liability" decision that holds companies liable for products they didn't manufacture.... Read More