Reform would bring sunnier liability climate to Florida
Past efforts to put reasonable limits on non-economic damages in medical liability cases have been a difficult sell to the Florida legislature – but many believe it’s time to try again.
Regina Brown, a retired businesswoman and President of Transforming Florida, is one of those advocates, highlighting in a recent op-ed that health care practitioner availability is crucial to attracting and retaining a stable workforce. “If [families] feel they cannot get access to the health care they need for themselves or their loved ones, they are likely to eject and look for other locations for work,” she said.
Placing reasonably limits on awards for subjective claims, such as non-economic damages like “pain and suffering,” is seen as a practical solution. “Real damages are predictable and capable of being tied to a financial solution associated with loss of movement or physical health,” she explained. Non-economic damages, or those aside from costs incurred or lost wages, can and do result in excessive awards.
These unpredictable costs drive up insurance rates and health care expenses, pushing physicians to leave Florida. Brown cites this “shaky healthcare system” in making it difficult to recruit and retain providers, hurting both patients and the state’s economy.
“This is a no-brainer and an obvious next step to making Florida healthier,” Brown shared. To read more about how implementing reasonable limits on non-economic damages could make Florida more attractive to workers, improve health care access, and reduce costs for patients, click here.
Medical Liability reform needed as jury awards skyrocket
Increasing consolidation in the health care industry and the rise of large verdicts in medical liability cases are shining a bright light on the need for reform.
As Brad Ash, Senior Vice President at ISMIE, points out in an interview with Medical Economics, large verdicts against physicians have increased, with average top awards climbing from just under $30 million in 2018 to nearly $50 million in 2023. This rise is often fueled by plaintiff attorneys’ strategies, like “anchoring,” where they set excessively high initial demands to sway jury decisions. “Essentially, [plaintiffs’ attorneys] get the jury or the mediator anchored in some manner such that even if that number is cut in half, it’s still an absolutely crazy figure,” Ash explained. These unpredictable costs are passed on to patients through higher health care prices.
Reforming the system by placing reasonable limits on non-economic damages can help contain health care costs. Without the threat of large lawsuits, physicians could be less likely to practice defensive medicine that increases costs for all.
By addressing these issues, medical liability reform benefits both patients—through better access to affordable care—and health care providers—through more predictable, sustainable working conditions. Click here to read and watch the interview.
Five-part tort tutorial educates Michigan physicians
The Michigan State Medical Society pulled together a tort tutorial, educating physicians who may not have been practicing during past liability crises in the state.
Before Michigan enacted comprehensive tort reform legislation in the 1980s and 1990s, physicians faced an overwhelming number of medical liability lawsuits and escalating liability premiums, contributing to a growing crisis. Meritless claims ran rampant and not only altered the way physicians practiced, but increased costs for patients across the state.
Medical liability reform was crucial to stabilize Michigan’s health care system, curb unnecessary costs, and retain physicians. With hints that legislative changes to the state’s liability system may be coming, the Michigan State Medical Society offers a five-part tort tutorial as part of a call to action to physicians on the workforce and patient impact of rolling back reforms.
The tutorial offers background and education on the following liability topics:
- Michigan before reform
- Legislative history
- Current standards
- Court cases and legal precedent
- Talking points
“Preserving Michigan’s well-established liability laws is crucial for ensuring our state remains an attractive place for physicians to practice, safeguarding patient care, and keeping health care costs under control,” the tutorial states, offering resources and advocacy tools in support of strong medical liability laws.