Here are five states where new malpractice legislation has been proposed since Jan. 1, 2025:
1. Florida: State lawmakers have renewed efforts to repeal a 1990 law that restricts families from seeking economic damages in certain medical malpractice cases. The current law states that if a physician’s error results in the death of someone who is over 25, unmarried and without children, no one can sue for pain and suffering. Representatives in the state House voted 16-2 to approve the bill to repeal the 1990 law on Oct. 15. A state Senate version of the bill has not yet been filed.
2. Texas: Through state Senate Bill 39, lawmakers and business groups in Texas are targeting “nuclear verdicts,” jury awards of more than $10 million. The groups argue that they inflate insurance premiums, scare off providers and destabilize entire sectors. The bill would limit trial evidence, restricting plaintiffs to presenting amounts actually paid (not billed) for medical services, reducing visible damages. Claims of mental anguish must prove substantial disruption to daily life to qualify for noneconomic damages, and plaintiffs must disclose if lawsuits are backed by litigation funders.
3. Georgia: A current tort reform package in the state Senate includes two bills that aim to curb litigation abuses, increase procedural hurdles and enhance predictability for insurers and business. The bills would require that damage amounts argued by attorneys be evidence-based and automatically halt evidence collection when a motion to dismiss is filed, delaying plaintiff access to key information. It would also create tighter rules around when and how plaintiffs can voluntarily dismiss and refile cases.
4. Utah: Utah’s House Bill 503 ties malpractice reforms to rural provider shortages/ They aim to reduce liability burdens that discourage practice in underserved areas. It mandates $1 million in malpractice coverage to stabilize insurance markets. It would also require state licensing boards to collect and report malpractice claims and outcomes data.
5. South Carolina: South Carolina’s SB 244 aims to shield providers from being held fully liable for minimal fault and reduce malpractice insurance premiums, especially for smaller practices. The bill would require juries to assign fault across all responsible parties, including unnamed ones. Partial fault would no longer result in full liability.
