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 ...
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.
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.
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.
Limited noneconomic damages in medical liability cases to $750,000.
Prohibited statements, writings, or benevolent gestures expressing sympathy by medical providers from being admitted into evidence.
Provided civil immunity from damages for physicians who provide uncompensated medial care (volunteer services).
Provided that statements of sympathy, apology, etc. by medical providers are inadmissible as evidence of liability in medical liability cases.
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Court Ruled Against ATRA's Position