April 8, 2025 by matray

Below are some headlines and article synopses from the April 2025 issue of Medical Liability Monitor. To read the articles in their entirety, please subscribe today.

JAMA Paper Examines Implications of American Law Institute’s MedMal Restatement
In a landmark 2024 restatement that could alter the future of medical liability litigation, the American Law Institute (ALI) updated its legal measure for evaluating medical negligence. The change shifts it from a standard reliant on customary medical practice toward a more patient-centered concept of reasonable medical care. A new white paper published in JAMA endorses the change and argues it could improve health outcomes, reduce defensive medicine and improve physician-patient communication …

The Doctors Company to Acquire ProAssurance Corp.
The Doctors Company and ProAssurance Corp. announced last month that they have entered into a definitive agreement under which The Doctors Company will acquire ProAssurance for approximately $1.3 billion. The combined company will have assets totaling approximately $12 billion …

U.S. Supreme Court to Rule on State Affidavit Requirements in Federal Cases
The U.S. Supreme Court has agreed to determine whether state statutes requiring an expert affidavit of merit in medical liability cases should apply in federal court. Under the Erie Doctrine, when state-law cases are filed in or removed to federal court based on diversity jurisdiction, the federal court applies state substantive law but follows federal procedural law. The Supreme Court will reassess the Erie Doctrine and clarify the relationship between state statutes and federal procedural rules …

Montana Increases Medical Malpractice Damage Cap
A bill increasing Montana’s cap on noneconomic damages for medical liability lawsuits and tying it to inflation passed both the state House and Senate last month and is awaiting Gov. Greg Gianforte’s signature …

MPL Year-End 2024 Operating Results Remain Favorable Despite Below Average Underwriting Experience
Despite recording its ninth consecutive year of underwriting loss, with a combined ratio of approximately 106.5%, the MPL industry’s operating margin was 16.6% in 2024. The MPL industry will need to continue working toward improved underwriting results. For now, however, the industry’s underwriting losses remain offset by investment returns …

Utah Passes MedMal Tort Reform Package, Damage Cap Stripped Out
The Utah Legislature passed a bill last month requiring physicians to maintain a medical malpractice insurance policy of at least $1 million. It also protects physicians from having their personal income or assets pursued by plaintiffs if an award exceeds their liability coverage …

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