A wave of medical malpractice reform is reshaping legislation across the country, with four states recently updating their laws, Best Lawyers reported May 19.
According to the report, these reforms reflect a broader trend of tort reform focused on tightening procedural rules, reducing economic exposure for providers and modifying litigation frameworks without necessarily imposing direct caps on damages.
“What ties these states together is their political calculus. Legislatures are no longer focusing solely on headline-grabbing caps or broad rhetorical attacks on frivolous lawsuits,” the report said. “Instead, they are targeting the legal mechanics beneath the surface — what evidence juries can see, how claims can proceed, how fault is allocated and how litigation is financed.”
Here are the four states who have recently updated their malpractice law:
1. Texas: Senate Bill 30
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, scare off providers and destabilize entire sectors.
Key changes:
- Trial evidence is limited — plaintiffs can only present amounts actually paid (not billed) for medical services, reducing visible damages.
- Mental anguish must substantially disrupt daily life to qualify for noneconomic damages.
- Plaintiffs must disclose if lawsuits are backed by litigation funders.
2. Georgia: Senate Bills 68 and 69
Georgia’s tort reform package “represents one of the most sweeping overhauls in the country,” according to the report. The state’s political and business leadership say the bills will curb litigation abuses, increase procedural hurdles and enhance predictability for insurers and businesses.
Key changes:
- Damage amounts argued by attorneys must be evidence-based, ending the practice of high, unsupported suggestions.
- Automatic halt to evidence collection when a motion to dismiss is filed, delaying plaintiff access to key information.
- Tighter rules around when and how plaintiffs can voluntarily dismiss and refile cases.
3. Utah: House Bill 503
Utah’s reforms are tied to rural provider shortages. They aim to reduce liability burdens that discourage practice in underserved areas.
Key changes:
- Mandates $1 million in malpractice coverage to stabilize insurance markets.
- State licensing board must collect and report malpractice claims and outcomes data.
4. South Carolina: Senate Bill 244 (SB 244)
South Carolina’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.
Key changes:
- Juries must assign fault across all responsible parties, even unnamed ones. Partial fault no longer results in full liability.
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