Malpractice Reforms Fail To Cure Some States' Premium Woes Last week we reported on states where malpractice reforms succeeded in controlling costs. This week we review several states where reforms have not delivered all of their anticipated benefits.
Pain-and-suffering damage caps tied to an inflation index, constitutional challenges in court, interest-bearing periodic award payments, and growing medical expenses (which are not subject to any cap) have stymied malpractice reforms in some states, according to several prominent insurance executives, defense attorneys and tort reform supporters.
Although tort reform supporters often point to Californias Medical Injury Compensation Reform Act as the greatest success story for malpractice reform, other states that have tried to follow Californias lead have come up short of promised benefits, experts say.
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