1. Florida: Discussions have recently intensified surrounding the state’s tight limits on who can sue for medical malpractice. Current medical malpractice law, written in 1990, states that if someone 25 or older dies because of a physician’s mistake, only a spouse or child under 25 can sue for pain and suffering.
In 2024, five total or partial repeal bills were proposed but all failed to gain traction, according to the Orlando Sentinel. State Rep. Johanna López was the first lawmaker to file a bill to end the restrictions.
2. Georgia: Gov. Brian Kemp has forwarded an initiative to limit lawsuits and tackle tort laws in the state. While his proposal has faced some criticism from Democrats, the second part of the bill passed the state Senate Feb. 21, according to U.S. News and World Report.
Proponents of the bill argue that limiting lawsuits would help physicians and small businesses, while opponents say there is no proof that the bill would lower insurance rates.
3. Montana: Several bills have been proposed in the State Legislature to strengthen legal protections for medical professionals, healthcare systems and insurance companies faced with malpractice claims. The proposed changes are backed by powerful players in the regional healthcare industry and have passed through the initial phases of the legislative process, according to Montana Free Press.
4. New Mexico: State senators in New Mexico introduced a bill Jan. 28 to cap attorney’s fees in medical malpractice lawsuits, end lump-sum payouts from the patient compensation fund and send 75% of any punitive damages awarded in malpractice cases to a new public fund designed to improve patient safety.
