What Are the Issues Surrounding Medical Liability Reform?

After decades of controversy, medical liability continues to be at the center of an emotional debate over U.S. health care costs and patient safety. Some policy-makers, backed by physicians and insurers, advocate tough federal limits on medical malpractice lawsuits as a means to curb the nation’s relentlessly rising health spending. Other policymakers, backed by plaintiff attorneys, consumer advocates, and some researchers, say restricting suits does little to contain costs and punishes patients injured by medical negligence.

  • Medical liability generates direct costs, such as higher liability insurance premiums, and indirect costs, such as the extra medical services ordered to protect providers from liability risk. Together, these costs total nearly $60 billion a year.
  • Premiums for medical liability insurance have remained stable since 2006 and most states have taken action to curb damage awards or attorneys fees in liability suits.
  • Debate continues over the need for medical liability reform and what approach such reform should take.

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