ABA Family Legal Guide

Personal Injury

Negligence

Medical Malpractice

Hasn't there been talk about changing the way that malpractice cases are handled?

Yes. Starting in the 1980s and continuing into the twenty-first century, doctors and members of the insurance industry have said there was a "malpractice crisis," with spiraling insurance premiums and unreasonably high jury verdicts. In response, some states passed laws capping damage awards, limiting lawyers' fees, and shortening the time period in which plaintiffs could bring malpractice suits. Some states instituted no-fault liability for malpractice claims, or developed arbitration panels to hear medical malpractice claims before they could be filed in court to be determined by a judge or jury. California limited recovery for pain and suffering in malpractice lawsuits.