WHY MEDICAL MALPRACTICE AWARDS ARE ON THE RISE
The following information was released by the
The number of
After going more than a decade without medical liability insurance premiums being a hot topic among physicians, the subject is popping up in conversation once again.
Premiums have been rising in some states for a few years now and an AMA report released in
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Premiums are rising as so-called "nuclear verdicts"defined as verdicts of
In 2024, the average of the top 50 medical malpractice verdicts in the
But why are these verdicts climbing higher and higher?
Cleveland detailed four trends pushing medical liability verdict awards skyward.
The AMA's 2025 "Medical Liability Reform NOW!" (PDF) gives physicians and physician advocates the facts they need to know to address the broken medical liability system, including information needed to advocate for and defend proven medical liability reform legislation.
Drivers of "social inflation"
When a medical liability insurer's average claim amount grows faster than the overall inflation rate, it's called social inflation and Cleveland outlined drivers of that phenomenon.
A significant loss of public esteem after the COVID-19 public health emergency.The AMA, in conjunction with state medical societies, Cleveland said, has launched the "Your Care is at Our Core" campaign as a way to reinforce the importance of the patient-physician relationship and elevates the message that trust, empathy, compassion and time caring and fighting for patients are the elements that drive physicians.
The corporatization of health care.This is making health care much more impersonal. "Part of the problem is that patients don't even feel like they are attached to a doctor anymore," Cleveland said. "There is no face-to-face consideration. There's no long-standing relationship."
Juries view things differently than in years past. Interviews with jurors show that they want to compensate plaintiffs even when there has not been any negligence.
People are used to large numbers being thrown around. "Awarding
Beyond the social inflation, plaintiffs' attorneys are turning to techniques that can drive up verdicts. Cleveland outlined three of these tactics, each with their own colorful descriptor.
The "reptile theory"
Another contributor to escalating and excessive medical malpractice awards is the use of so-called reptile tactics by plaintiffs' attorneys, said Cleveland. First seen in 2009, the "reptile theory" is based on an appeal to the jury's deep-seated survival instinct. Cases are not merely argued on the basis for how a physician may have failed to meet the standard of care and adversely affected a particular patient, but for how such performance might generally endanger the public at large.
"It focuses on what could happen and not what did happen," he said. "The idea is that you want to scare the jury to think that [for example] some negligence or some injury that occurred in the hospital doesn't just hurt the plaintiff, it really threatens the entire community."
Here's how it works:
Plaintiffs' attorneys establish a broad, facially commonsense safety rule: "You agree that protecting patient health and safety is the health care system's highest priority?"
They then get the witness to agree: "You would agree that it is never appropriate to violate a patient-safety regulation?"
Lastly, they establish the danger to the community: "Wouldn't you also say that failing to follow patient-safety regulations puts the public at risk?"
States are starting to enact laws that address this strategy, including
Anchoring
Another widely recognized and simple explanation for these higher verdicts is a technique called anchoring. Here, plaintiffs' attorneys ask for verdicts that are far beyond what they believe the jury will award. However, the result will be an award that is larger than what the jury would have awarded if they hadn't heard the ask for the higheranchornumber.
"A
He cited a
At least two states in 2025Utah and Georgiapassed tort-reform laws to deal with the problem.
Bullying
Some plaintiffs' attorneys make threatening remarks to physicians.
For example: "If you don't settle, we may have to look to your private assets over your policy limits to compensate my client. You'll put your home, savings, personal property, savings for your kids' tuition, investments and other personal assets at risk."
Cleveland said that, as a practical matter, it would be difficult to get hold of a physician's personal assets.
"But that is a different issue from the threat," he said. "A threat like this can be very, very stressful and very psychologically damaging."
At the 2025 AMA Interim Meeting, the
Limit economic damages for past medical expenses to amounts actually paid.
Safeguard physicians' personal assets.
Prohibit plaintiffs from making allegations that are irrelevant, coercive or pertain to a physician's income or personal assets.
Address prelitigation review panels.
Expand circumstances in which physicians are entitled to attorney fees.
Discover the Litigation Center of the


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