Medical Liability Reform

The lottery-like aspect of civil liability is nowhere more evident than in medical liability. Very few acts of medical negligence result in patient claims and that very few paid claims actually involve medical negligence. The traditional system no longer works. These non-notorious inequities and inefficiencies of the medical liability system negatively affect the cost and quality of health care as well as access to adequate health care. More important, the practice of "defensive medicine" as a means of reducing or avoiding tort liability is a major contributor to health care cost.

ATRA Recommendation: It is the position of the American Tort Reform Association that an effective medical liability reform measure will include - 1) a $250,000 limit on non-economic damages; 2) a sliding scale for attorneys' contingency fees; 3) periodic payment of future costs; and 4) abolition of the collateral source rule.

Medical Liability Reform. The lottery-like aspect of civil liability is nowhere more evident than in medical liability. Very few acts of medical negligence result in patient claims and that very few paid claims actually involve medical negligence.

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