Rising Medical Malpractice Payouts Drive Push for Tort Reform
Medical professionals, insurance companies and government representatives are calling for tort reform, and warning that without it,
Claim severity has increased significantly in the past few years, especially for medical malpractice. According to the
With venue shopping, no caps on damages, and an increase in plaintiff ads, everything seems to be stacked against the medical professional defendants. These lawsuits increase malpractice insurance costs, and the fear of lawsuits leads physicians to practice defensive medicine. It's becoming harder to recruit doctors when surrounding states have caps on damages, and other tort reform legislation already in place.
"We're not trying to block plaintiffs from getting what they deserve– reasonable compensation for damages. We're against the nuclear verdicts," McGowin said.
The Medical Liability Act of 1987 put a
Since this decision, medical malpractice damages have skyrocketed. In the
"If the cap had held, we would be around
Before trial, plaintiff lawyers get to select a venue, which plays a huge role in the case according to McGowin.
"The plaintiff lawyers are always trying to shop venue," he said. "Venue is probably the number one thing they look at when they file a lawsuit. Our big metropolitan areas have become very plaintiff friendly –
"Some of our biggest settlements have been in cases where our hospital and doctors didn't even practice in that county, but they're sued there. We've got to change the venue statute in medical malpractice."
McGowin and Nekic have also seen the negative effects the global pandemic has had on the medical field, malpractice cases and lawsuits in general. "Since Covid, you can't turn on the television without seeing a plaintiff lawyer ad, " McGowin said.
The pandemic put a halt to most lawsuits, causing a backlog of court proceedings. Since the courts reopened, the cost of settlements and awarded damages drastically increased.
"You're faced with jurors who are not knowledgeable about healthcare, and you don't have judges who are trying to manage expectations," Nekic said. "Plaintiff's attorneys are advertising everywhere and saying they're getting multi millions. It's a jackpot justice."
Some hospitals and healthcare providers have insurance to cover the cost of damages while others do not. Either way, their rates will increase.
"That's the misconception that the general public doesn't understand. This money has got to come from somewhere," McGowin said. "It costs the average family in
To implement caps again, the supreme court could simply rule that the court back in 1995 was wrong and caps are constitutional. Then the cap of about
"Medical professionals are being very cautious with patients because they don't want to get sued. They're practicing defensive medicine instead of what they really wanted to do, which was to help people," Nekic said.



Williams Companies, Inc. (The) $WMB Shares Sold by Asset Management One Co. Ltd.
MEDICAID COST-SHARING COVERAGE APPROVED
Advisor News
- What’s behind private equity investment in insurance brokerages
- Advisors get a win as NJ Senate passes independent contractor bill
- Why federal retirement benefits are more complex than advisors realize
- Why timing the market is still a retirement mistake and what to do instead
- Business owners may be overlooking a key part of their financial picture
More Advisor NewsAnnuity News
- Best’s Special Report: U.S. Life/Annuity Industry Sees Bottom-Line Growth Despite 18% Decline in Total Income in First-Quarter 2026
- Globe Life Inc. (NYSE: GL) Records 52-Week High Thursday Morning
- Fortitude Re Completes $500 Million FABN Issuance
- Reframing retirement income for greater certainty
- Jackson Introduces Dow Jones Industrial Average Index Option, Flexible Premiums, Six-Year Rate Guarantee in Latest Registered Index-Linked Annuity Launch
More Annuity NewsHealth/Employee Benefits News
- California is getting ready to increase a health insurance tax. Will it affect your premium?
- New Insurance Findings from University of California Described (The impact of Medicaid expansion on coverage among those lacking housing basics, 2010-2019): Insurance
- New Mexico lawmakers press Presbyterian Health Plan over changes
- Luigi Mangione's lawyers withdraw plans for psychiatric defense
- Karnes County commissioners to consider health insurance renewal, construction projects
More Health/Employee Benefits NewsLife Insurance News
- OVER $107 MILLION IN LIFE INSURANCE BENEFITS LOCATED FOR TENNESSEANS IN 2025 THROUGH NAIC'S LIFE INSURANCE POLICY LOCATOR SERVICE
- Maryland Heights man pleads guilty in murder-for-hire death of his mom
- AM Best Affirms Credit Ratings of Everlake Life Group Members
- Industry experts warn NAIC: Fix flawed IUL illustrations now
- InsuranceAUM.com Celebrates a Historic 5th Annual Insurance Investment Executives’ Meeting in Chicago, Honoring Outstanding Industry Leaders and Spotlighting Next Event in Austin
More Life Insurance News