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. Chamber Study Shows WV Legal System Harmful to Patients

    January 22, 2003 | Press Release

    WASHINGTON, D.C., Jan. 13, 2003 - The United States Chamber of Commerce today warned out of control medical malpractice liability is forcing doctors to leave West Virginia and harming the quality of patient care provided by those doctors who remain, according to a poll of West Virginia physicians. "This poll is a siren call to West Virginia that their state's litigation system is in critical condition," said Kate Sullivan, Chamber director of health care policy. "Lawmakers must make meaningful changes to heal the civil justice system before patients suffer." ... Read More

  2. Chamber Warns of

    February 05, 2001 | Press Release

    WASHINGTON, D.C., Feb. 6, 2001 - The United States Chamber of Commerce warned lawmakers on Capitol Hill that Americans need better access to health care, not legislation that could potentially force employers to pull the plug on coverage for their workers. "Americans need more access to doctors, not lawyers," said Bruce Josten, Chamber executive vice president. "Opening the door to more health care litigation only invites more out-of-control lawsuits and staggering prices at a time of near-record health care cost inflation."... Read More

  3. Chamber Advocates Expanding Health Care Coverage Instead of Expanding Liability

    February 09, 2000 | Press Release

    WASHINGTON, D.C., Feb. 10, 2000 - The United States Chamber of Commerce today warned Congress that American workers want and need expanded access to health care coverage and greater benefits, not expanded access to attorneys and courtrooms. "It's simple health care economics 101: lawsuits equal higher costs, which equals less coverage," said Bruce Josten, Chamber executive vice president. "Three out of four workers now receive health care coverage through their jobs, but new government mandates and expanded liability risks will make doing so increasingly cost prohibitive."... Read More