Here are six states that have recently proposed, vetoed or passed new malpractice legislation:
1. Florida: In late May, Gov. Ron DeSantis vetoed legislation that would have expanded the ability of family members to pursue non-economic damages in malpractice cases. Under current law, parents cannot pursue non-economic damages in malpractice cases involving the deaths of their children if those children are 25 or older. Adult children 25 or older are also prohibited from seeking non-economic damages in cases involving their parents.
2. Georgia: The Peach State’s tort reform package “represents one of the most sweeping overhauls in the country,” according to a May 19 report by Best Lawyers. The state’s political and business leadership said the bills will curb litigation abuses, increase procedural hurdles and enhance predictability for insurers and businesses.
If the bill becomes law, damage amounts argued by attorneys must be evidence-based, ending the practice of high, unsupported requests. The proposal also includes an automatic halt to evidence collection when a motion to dismiss is filed, delaying plaintiff access to key information. It would also place tighter restrictions around when and how plaintiffs can voluntarily dismiss and refile cases.
3. Maryland: In January, a bill was introduced into the state House that would repeal the state’s cap on noneconomic damages in wrongful death cases. Current law caps noneconomic damages at $950,000 for individual personal injury and wrongful deaths claims. Current law also increases the cap by $15,000 on Oct. 1 of each year.
4. South Carolina: The state’s laws aim to protect providers from being held fully liable for minimal fault and reduce malpractice insurance premiums, especially for smaller practices. These changes “signal that broader procedural and systemic changes are likely ahead,” according to the report. Under the proposed law, juries would be required to assign fault across all responsible parties, including unnamed ones. Partial fault would no longer result in full liability under this proposal.
5. Utah: Reforms in the Beehive State are tied to rural provider shortages. They aim to reduce liability burdens that discourage practice in underserved areas. The bill includes a $1 million mandate for malpractice coverage to stabilize insurance markets, and would require the state licensing board to collect and report malpractice claims and outcomes data.
6. Texas: Lawmakers and business groups in Texas are framing the issue around “nuclear verdicts,” jury awards of more than $10 million. The groups argue that they inflate insurance premiums, disincentivize providers from opening practices in the state and destabilize entire sectors. Under the bill, trial evidence would be more limited. Plaintiffs could only present amounts actually paid, not billed, for medical services. Emotional and mental damage must substantially disrupt daily life in order to qualify for noneconomic damages under the proposal, and plaintiffs must disclose if lawsuits are backed by litigation funders.
