Michigan’s medical liability reform laws threatened by rushed legislation
In a rush to pass legislation backed by personal injury lawyers, Michigan lawmakers risk dismantling existing laws that have stabilized the state’s health care environment for three decades.
Passed along party lines by the Michigan House Judiciary Committee in early December, House Bill 6085 is now set for consideration by the full House of Representatives. Seven of the eight Democratic committee members voted in favor, while Republicans stood united in opposition.
The bill is also opposed by medical groups across the state. Tom George, MD, CEO of the Michigan State Medical Society (MSMS), and Daniel Schulte, MSMS Legal Counsel, argue the legislation is being rushed without adequate scrutiny. With testimony limited to three minutes per person, Dr. George voiced frustration over the lack of transparency and exclusion of the physician community from discussions. MSMS submitted detailed written objections and rallied over 30 organizations to co-sign a letter opposing the bill.
If enacted, this bill would undermine Michigan’s reasonable limits on non-economic damages, deterring physicians from practicing in Michigan and jeopardizing patient access to affordable, quality medical care. Protecting Michigan’s longstanding liability laws is crucial for preserving a balanced, safe health care environment for both providers and patients. To read more about the risk of rushing changes to the state’s medical liability laws, click here.
Iowa Supreme Court sets crucial precedent for fair liability trial
The Iowa Supreme Court has reversed a record-breaking medical liability verdict, ordering a new trial and underscoring its role in ensuring fair legal processes for physicians.
This decision in mid-November cited “an erroneous admission” of hearsay evidence at the March 2022 trial and highlights how judicial oversight serves as a vital backstop against potential abuse in medical liability lawsuits.
In the case, the court determined that key evidence admitted during the original trial—specifically, a packaging insert included with certain medical equipment—was hearsay and unfairly influenced the jury. By ruling that this evidence was improperly allowed and could have biased the outcome, the justices ensured the physician defendants were granted the fair trial they deserve. This reversal not only protects the rights of the accused but also sets a significant precedent for future cases, emphasizing the importance of rigorous evidence standards in high-stakes liability trials.
The court also admonished infamous lawyer Geoffrey Fieger, the plaintiff’s attorney in the case, for repeated misconduct throughout the trial. The ruling noted that Mr. Fieger’s behavior, which he has repeated throughout his career, “violate[d] basic rules of professionalism and civility.”
For physicians, this ruling is a reminder of the protections in place to prevent runaway verdicts driven by emotion or procedural missteps. By focusing on fairness and accuracy, the court’s decision supports a balanced legal environment where health care professionals can focus on patient care without a disproportionate fear of litigation. Click here to read more about how Iowa’s court ruling supports health care providers and protects patient access to care.
Happy and healthy holiday wishes
The Health Coalition on Liability and Access, along with Protect Patients Now, extends our warmest wishes for peace, prosperity, and good health to you and your family in 2025.
Our grassroots network will continue to lead the charge in advocating for federal medical liability reform, leading efforts with a new Congress and Administration to find common ground in protecting patient access to care. Our newsletter and our consolidated articles on Linktr.ee/ProtectPatientsNow, make it easy to stay informed about the latest developments and share updates with physicians and patients who care deeply about this issue.
We are grateful for your ongoing support and look forward to working alongside you in 2025 to advance meaningful reforms and protect patients. Here’s to a healthy and successful year ahead!