Medical malpractice premiums are rising, and angst and recriminations abound. The insurance industry claims premium hikes are largely due to an increase in lawsuits by injured patients. The American Trial Lawyers Association claims the insurance industry is to blame for premium increases, arguing that insurers often present suspect data in support of their actions. State lawmakers are being challenged to weigh opposing arguments and find a way to equitably reform the regulation of medical malpractice insurance coverage and claims adjudication

Meanwhile, the American Medical Association cites a dozen states–Florida, Georgia, Mississippi, Nevada, New Jersey, New York, Ohio, Oregon, Pennsylvania, Texas, Washington, and West Virginia–as experiencing a full-blown crisis because of rising medical malpractice insurance premiums, and predicts that 30 other states soon will be under a similar crisis.

How are state officials and legislators addressing this challenge to avoid loss of critical services and protect the rights of patients? Here are a few examples.

Florida. In November 2002, the Florida House appointed a work group to study the issue of rapidly rising medical liability insurance premiums. The work group is continuing research on medical liability performed by another House-appointed work group.

Mississippi. Mississippi House Bill 2 (HB 2), enacted in 2002, limits noneconomic damages to $500,000 for actions filed on or after the bill’s passage but before July 1, 2011; actions filed between July 1, 2011, and July 1, 2017, are limited to $750,000; and actions filed after July 1, 2017, are limited to $1 million.