Medical Liability

In states without reasonable limits on liability, skyrocketing medical liability awards have driven up insurance costs or forced insurers out, causing many physicians to reduce services, leave high-risk specialties, or relocate their practices.

The Problem

In state civil justice systems that lack reasonable limits on liability, multi-million dollar jury awards and settlements in medical liability cases have forced many insurance companies to either leave the market or substantially raise costs. Increasingly, physicians in these states are choosing to stop practicing medicine, abandon high-risk parts of their practices, or move their practices to other states.

ATRA’s Position

To help bring a degree of predictability and fairness to the civil justice system that is critical to solving the growing medical access and affordability crisis, ATRA recommends a medical liability reform packages that includes: (1) a $250,000 limit on noneconomic damages; (2) a sliding scale for attorney’s contingent fees; (3) periodic payment of future damages; and (4) abolition of the collateral source.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Medical Liability

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Medical Liability News and Press

Explore ATRA's most recent press releases and blogs around Medical Liability

Report: New Mexico Earns “Tort Reform Trailblazer” Title as Lawmakers Tackle Doctor Shortage Crisis

New Mexico earned a “Tort Reform Trailblazer” designation in the American ...

Ohio Lawmakers in “Legislative Limbo” as Mixed Civil Justice Agenda Awaits Action

Ohio lawmakers are in “Legislative Limbo” in the American Tort Reform Asso...

Report: Virginia’s “Lawsuit Inferno” Status Returns as Lawmakers Push Class Actions, Bigger Verdicts

Virginia lawmakers earned a “Lawsuit Inferno” designation for the second c...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Medical Liability
Search All
States
Status
Post Types
Date
Massachusetts v. Universal Health
(U.S. Supreme Court, filed January 26, 2016): Arguing that false certification claims should not be subject to the False Claims Act and that the Supre...
Massachusetts
  • Court Remanded Case Back to Lower Court iconCourt Remanded Case Back to Lower Court
Patchett v. Lee
(Ind., filed February 19, 2016): Arguing that admissibility of “phantom damages” as evidence impedes the search for the truth and unnecess...
Indiana
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Exxon Mobil v. New Hampshire
(U.S. Supreme Court, filed February 22, 2016): Arguing that Exxon’s liability for selling MTBE-Oxygenated gasoline should be preempted by the federal ...
New Hampshire
  • Court Denied Cert iconCourt Denied Cert
Konstantin v. 630 Third Avenue Associates, et. al.
(New York, filed in February of 2016): Arguing that consolidation of asbestos-based personal injury actions for trial violates CPLR 602(a) where the a...
New York
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Certainteed Corporation v. Fletcher
(Ga., filed in March of 2016): Arguing that manufacturers should not be held liable for negligence in asbestos cases involving take-home exposure. ...
Georgia
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Microsoft v. Baker
(U.S., filed March 18, 2016): Arguing that a federal court of appeals lacks jurisdiction to review an order denying class certification after the plai...
SCOTUS
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
In Re Lipitor
(3rd Cir., filed March 28, 2016): Arguing that antitrust cases require pleadings to include sufficient facts to establish a plausible foundation for t...
3rd Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re Trinity Industries Inc.
(5th Cir., filed March 28, 2016): Arguing that if allowed to stand, the decision below would produce deep regulatory uncertainty for manufacturers and...
5th Circuit
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Lindenberg v. Jackson National Life Insurance Co.
(Tenn., filed April 15, 2016): Arguing that Tennessee’s statutory limit on punitive damages is constitutional.  The statutory limit does not infringe ...
Tennessee
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Graham v. R.J. Reynolds Tobacco Co.
(11th Cir., filed April 22, 2016).  Arguing that reliance on general, non-specific verdicts to foreclose litigation of highly specific issues that may...
11th Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position



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