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Medical Malpractice Tort Reform

Talking Points

The National Conference of State Legislatures (NCSL) regards the regulation of medical professionals as a purely state matter. NCSL opposes any federal intervention relating to medical malpractice tort reform on the grounds that it is an unnecessary federal preemption of traditional state authority.

• Federal efforts to reform state medical malpractice laws are a direct assault on traditional American federalism. Federal preemption of state medical malpractice laws ignores the Tenth Amendment and constitutional federalism, which divide federal and state authority.
• Federal legislation ignores and would preempt the work already executed in the last three years in the states. It would prevent all states from crafting innovative laws to address any medical malpractice issues and from formulating creative responses applicable to specific problems. 
• All 50 states have laws addressing court procedures relating to the drafting of pleadings, the introduction of evidence, and the awarding of attorney fees. A federal one-size-fits-all solution is not the answer to the varying issues existing in all 50 states. Uniformity for uniformity’s sake does not justify preemption.
• 9 states enacted medical malpractice reforms in 2004, most notably in Maryland, Mississippi, New Jersey, Ohio, Oklahoma, and West Virginia. Maryland and Ohio held Special Sessions specifically to address medical malpractice reform. Florida, Nevada, Oregon and Wyoming had measures on the 2004 General Election ballot relating to medical malpractice reform.
• 32 states enacted medical malpractice reforms in 2005, covering a wide range of comprehensive legislation and aspects of the medical liability issue. This was in response to the over 400 medical malpractice reform bills introduced in 48 states in 2005, demonstrating the diversity amoung the states in the varying aspects of problems and solutions which make up the medical liability issue.
• As of January 31, 2006, 19 states have introduced over 60 new pieces of legislation addressing many aspects of medical malpractice traditional tort reform, insurance premium rates, insurance rate reporting, and alternatives to litigation such as the "Sorry Works" program.

For more information, please contact Susan Parnas Frederick or Trina Caudle at NCSL at 202-624-5400.