Push to rein in liability payouts stalls in Texas
An opportunity to protect patient access to care slipped through the cracks in the Texas Legislature this session, leaving the state’s health care and legal systems vulnerable to medical lawsuit abuse.
As reported by The Texas Tribune, the collapse of SB 30, which proposed reforms to rein in excessive damages in personal injury lawsuits, highlights the heavy cost of inaction. The bill passed the Senate in mid-April, but the House made significant changes in their consideration of the bill that the Senate rejected.
Initially brought forward as a solution to “nuclear verdicts” that inflate health care costs and business’ premiums, the bill’s failure is a setback for patients and providers, especially in rural areas across the state.
Supporters argue that unchecked legal practices are crippling an already strained health care system. “This unethical activity is increasing insurance premiums for every business operating in our state. Ultimately, the increased cost of doing business is paid by every Texan,” said Lee Parsley, president of Texans for Lawsuit Reform.
While Texas already has limits on non-economic damages in medical liability cases, the original version of SB 30 sought to address a broader range of personal injury issues to align medical expense payouts to the amount actually incurrerd, and to ensure a reasonable connection between non-economic damages and impacts of adverse outcomes. This was seen as a necessary step to curb escalating costs and ensure fairness in the legal process.
Despite the bill passing both the Senate and the House, disagreements over differing amendments undermined ultimate passage of the bill.
To read more about how this legislative stalemate could leave Texans facing higher health care costs and limited access to care, click here.
Could avoiding AI increase physician risk?
Physicians who choose not to use artificial intelligence (AI) tools in patient care may face increased medical liability risks as AI becomes more integrated into health care standards.
Attorneys and industry experts warn, in a recent Bloomberg Law article, that failure to adopt effective AI tools could expose providers to liability claims.
Annmarie Giblin, an attorney specializing in cybersecurity and privacy, explained that while the health care industry is not fully there yet, “in regulated industries where AI enhances human analysis and performance, it will start to change the legal obligations businesses have to provide a certain level of care.”
With 64% of health care organizations expected to embed AI in key operations within two years, providers face growing pressure to adapt. Giblin highlighted a scenario where a mammogram facility misses a cancer diagnosis because it chose not to use available AI detection tools, opening an avenue for claims of medical liability.
Experts emphasize that even if AI doesn’t outperform humans in all cases, it can augment clinical judgment and reduce errors. A 2024 study in the European Journal of Cancer found AI tools reduced misclassification in lung cancer detection compared to human reads.
Brian Anderson, CEO of Coalition for Health AI, said of health care practitioners, “If they are NOT using AI tools, then they need to fully inform and get consent from patients so they understand AI is not being used.” He advises providers to make reasonable efforts to implement AI tools consistent with emerging standards.
As AI adoption moves toward becoming the new standard of care, ignoring it could open health care providers to increased medical liability—making AI not just an innovation, but a legal imperative. Click here to read more about the possibilities and pitfalls of AI and health care advancements.
Florida Governor aims to keep health care accessible, affordable
Governor Ron DeSantis vetoed a bill earlier this month that would have increased medical lawsuit abuse and health care costs across the state, and in doing so removed the possibility that parents and adult children can manipulate wrongful death allegations to seek jackpots in medical liability cases.
The veto underscored concerns about rising health care costs and access to care, and their impact on Florida patients.
“In my judgment, it would lead to higher costs for Floridians, it would lead to less access to care for Floridians,” DeSantis said, emphasizing the state’s growing population and need for medical providers.
Andy Bolin, a board-certified civil litigator and former president of the Florida Defense Lawyers Association, stood in support of Governor DeSantis’s veto. Bolin said the physicians he represents are being targeted by meritless lawsuits.
“Florida has become a place, because of litigation, that is unfriendly to the health care arena,” he said. “Just because there’s a negative outcome, doesn’t mean there’s malpractice.” He also noted the bill’s likely impact to existing health care challenges in the state, such as counties lacking access to some medical services.
Click here to read more about how Florida is balancing legal accountability with access to care, in a state already facing an aging population and health care provider shortages.