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. The ILR Research Review - Spring 2015

    May 18, 2015 | Research

    This edition of the ILR Research Review offers valuable insights from the latest of ILR's research on enforcement slush funds, Canadian class actions, emerging litigation trends and theories from the plaintiffs' bar, and recent state tort law rulings.... Read More

  2. Laboratories of Tort Law: A Three-Year Review of Key State Supreme Court Decisions

    December 04, 2014 | Research

    This report highlights significant tort law decisions over the past three years that are examples of particularly sound or unsound rulings. Each analysis examines the tort law principles involved, whether the court followed or deviated from these principles, and the court's reasoning in reaching its decision.... Read More

  3. In The News Today - November 6, 2014

    November 06, 2014 | News and Blog

    An op-ed in the Wall Street Journal by House Speaker John Boehner and Senate Minority Leader Mitch McConnell highlights "excessive regulations and frivolous lawsuits that are driving up costs for families and preventing the economy from growing" as one of the top priorities for reform under the newly elected Republican majority in the House and Senate.... Read More

  4. Texas Legal Reforms to Play a Part in 'Ebola Lawsuits'?

    October 27, 2014 | News and Blog

    The Associated Press today writes about expected litigation from the family of Thomas Eric Duncan, the man who was initially misdiagnosed but then passed away from Ebola after returning from West Africa.... Read More

  5. Judge Refuses to Toss $9 Billion Verdict in Pharmaceutical Bellwether Case

    August 29, 2014 | News and Blog

    In a case that sets the tone for future litigation regarding drugmaker liability, U.S. District Judge Rebecca Doherty in Lafayette, Louisiana rejected a bid by Takeda Pharmaceutical Co. and Eli Lilly & Co. to toss a $9 billion judgment against over claims that the companies did not properly disclose the cancer risks of their Actos medicine.... Read More

  6. The Anti-Vaccine Movement And A Trial Lawyer-Funded Climate Of Fear

    April 28, 2014 | News and Blog

    The most savvy plaintiffs' lawyers understand that in order to create new fields of litigation, up-front investments are often required.... Read More

  7. WATCH: Washington Legal Foundation Briefing on Lawsuit-Generating FDA Generics Labeling Proposal

    April 11, 2014 | News and Blog

    The Washington Legal Foundation, in cooperation with the Generic Pharmaceutical Association and the American Enterprise Institute, held a media briefing to discuss the consequences of the FDA's proposed generic labeling requirement. ... Read More

  8. In the News Today - March 27, 2014

    March 27, 2014 | News and Blog

    A judge is scheduled to hear arguments from a number of companies - including Ford and Aetna - to unseal evidence in a case that found lawyers were withholding and manipulating evidence in order to boost asbestos payouts.... Read More

  9. 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

  10. 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