State medical liability reform

State medical liability reform (MLR) is essential to fix a broken liability system, ensuring that patients do not lose access to physicians and a full range of health care services. Together with state and specialty medical associations and other stakeholders, the AMA is pursuing both traditional and innovative medical liability reforms at the state level, Medical Liability Reform NOW! (PDF).

The AMA is fully committed to advocating for proven medical liability reforms, such as the Medical Injury Compensation Reform Act (MICRA). However, states should also evaluate and implement innovative reforms to see which can improve the nation’s medical liability climate. These ideas can complement proven reforms, such as caps on non-economic damages. They may also improve the liability climate in states unable to enact traditional liability reforms for political or judicial reasons.

Physicians and other advocates can draw on campaign materials including summaries of state liability reform laws, issue briefs and model state legislation in pursuing a proactive medical liability reform legislative agenda.

Draw on issue briefs and other resources for background on major topics related to medical liability reform.

• Early disclosure and compensation programs (PDF)
• Standard of Care Protection Act (PDF)
• Liability safe harbors for the practice of evidence-based medicine (PDF)
• Constitutional Challenges to State Caps on Non-economic Damages (PDF)

Those looking to enact liability reforms in their state can use the following model bills as a starting point in the law-making process.

• Limitation on noneconomic damages in medical liability cases (PDF)
• Regulation of contingency fees paid by medical injury claimants (PDF)
• Collateral source payments in medical liability cases (PDF)
• Limitations in medical injury cases (PDF)
• Periodic payments of awards for future damages (PDF)
• Regulation of expert witnesses in medical injury actions (PDF)
• To Foster Open Communication Between Health Care Providers and Patients After Unanticipated Health Care Outcomes (PDF)
• To Require an Affidavit of Merit in Actions Against Health Care Providers for Damages When Rendering or Failing to Render Health Care Services (PDF)
• Model bill: Civil liability during disasters (PDF)
• Model bill: To provide coverage for volunteer physicians (PDF)

Liability laws vary from state to state. Learn about state medical liability laws in your state and across the country.

• Model Principles on Good Samaritan Liability Protections for Physicians (PDF)
• Recently Enacted Medical Liability Immunity Statutes Related to COVID-19 (PDF)
• State Laws Chart I: Liability Reforms (PDF)
• State Laws Chart II: Liability Reforms (PDF)
• Caps on Damages (PDF)
• Licensing Provisions and Liability Laws for Senior and Volunteer Physicians (PDF)

For more information and resources on state medical liability reform, contact Wes Cleveland, senior legislative attorney, Wes Cleveland@ama-assn.org.