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 ...

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...

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

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

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Medical Liability
Search All
States
Status
Post Types
Date
Walker v. Ford
(Col., filed September 27, 2016): Arguing that the“risk-benefit” test for strict product liability incorporates the “consumer expectation” test, such ...
Colorado
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Cottrell v. Alcon Laboratories
(3rd Cir., filed September 28, 2016): Arguing that the plaintiffs’ speculative claim that they might have paid less for a medication if defendan...
3rd Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Eike v. Allergan
(7th Cir., filed October 18, 2016): Arguing that the plaintiffs’ speculative claim that they might have paid less for a medication if defendants...
7th Circuit
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
BNSF v. Tyrell
(US., filed October 28, 2016): Arguing that the Montana Supreme Court improperly applied the Daimler personal jurisdiction requirements, which state t...
SCOTUS
  • Court Granted Cert iconCourt Granted Cert
In re Zoloft Litigation
(3rd Cir., filed October 18, 2016): Arguing that an expert cannot premise a causation analysis on a single statistically-significant association when ...
3rd Circuit
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position



The American Tort Reform Association is the nation’s first organization dedicated exclusively to reforming the civil justice system through education and legislative enactment.

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