State Legislative Activities
State laws chart I
50 state summary of medical liability reform laws, including caps on non-economic damages, joint liability reform, collateral source reform limit on attorney contingency fees, periodic payment of damages
State laws chart II
50 state summary of medical liability reform laws, including arbitration and pretrial screening panels, expert witnesses, certificate of merit, and statute of limitations
State Laws Summary: Caps on Damages
Summary of state laws establishing a cap on non-economic damages, including legal challenges to these laws
Apology Inadmissibility State Laws
50 state summary of apology inadmissibility statutes
Federal MLR Grants
Summary of recent Federal activity to provide funding to implement and evaluate innovative medical liability reforms
State medical liability insurance mandates
Summary of state laws requiring physicians to have medical liability insurance.
Recent legislation:
- NH SB 406 - early offer program
- Georgia HB 499 - provider shield act
- Oregon SB 483 - early offer program
Correspondence:
- AMA letter to Connecticut legislature HB 6887 & SB 1154
- AMA letter to Florida legislature HB 827 & SB 1792
- AMA letter to Maryland legislature HB 1114
- AMA letter to Maryland legislature SB 771
- AMA letter to Missouri legislature SB 105
- AMA letter to Michigan legislature SB 1115 & SB 1118
- AMA letter to New Jersey legislature AB 1831
Constitutional challenges to caps on damages
Summary, by state, of challenges to noneconomic damages caps case law
- Limitation on noneconomic damages
Model providing for limitation on noneconomic damages on medical liability cases - Regulation of contingency fees
Model act to provide for regulation of contingency fees paid by medical injury claimants - Collateral source payments
Sample act regarding collateral source payments in medical liability cases - Statute of limitations
Statute of limitations in medical injury cases - Periodic payment of future damages
Model act that allows the payment of future damages on a periodic basis - Expert witness regulation
Model to provide regulation of expert witnesses in medical injury actions - Expert testimony and disciplinary actions
Model to amend state medical discipline law regarding medical expert witness testimony by physician witnesses in medical injury actions - Health court principles
Principles to help states establish health court systems - Safe harbor for evidence-based medicine
Principles and background to assist states considering programs that would provide physicians with a liability safe harbor for the practice of evidence-based medicine - Apology inadmissibility
Model act that would allow physicians to apologize to patients without such statements or gestures being admitted in a medical liability lawsuit - Affidavit of merit
Model act that would allow states to eliminate meritless lawsuits - Liability alternatives
Sample language on several alternatives that states may pursue - Liability insurance coverage for volunteer physicians
Model act to provide publicly funded professional liability coverage for volunteer physicians - Civil immunity for emergency volunteer physicians
Model act addressing physician liability concerns when providing health care during a disaster - State Physician Shield Act
This model bill limits the use of federal guidelines/data in state courts. - Inadmissibility of payment determinations
Model act would prohibit introduction of prejudicial payment determinations - Mandated offering of liability coverage
Model act to require liability insurers who provide coverage to a state's physicians to offer liability coverage for health care and medical services provided to local agencies or other public or private programs - Ad damnum clauses
Model act regarding ad damnum clauses in medical liability cases - Statute of frauds
Model act regarding the statute of frauds in medical liability cases - Notice of intent to sue
Model notice regarding intent to sue in medical liability cases - Limitation on liability for performing designated services with blood or blood products
Model act to limit the liability of certain persons performing designated services with blood or blood products - Requiring insurers to cover physicians providing certain services
Model act to prohibit health care institutions, managed care organizations, and third-party payors from requiring physicians to have professional liability coverage in excess of the minimum mandated by law
Write to advocacy.resourcecenter@ama-assn.org to request copies of the listed state model legislation and issue briefs by e-mail or fax.
- Medical Liability Reform - Now!
Compendium of research and advocacy information on medical liability reform - MLR Factsheet
