August 4, 2025 by matray

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

Fewer Than Half of U.S. Physicians in Private Practice
The share of U.S. physicians working in private practice continues to decline, dropping from 60.1% in 2012 to just 42.2% in 2024, according to the AMA’s latest Physician Practice Benchmark Survey. This trend reflects the growing influence of hospitals and corporate entities over the U.S. healthcare delivery system and presents an ongoing challenge for the medical professional liability insurance industry, which depends on independent physicians as its primary customer base …

Georgia Supreme Court Reopens Debate on Damage Caps in Medical Malpractice Claims Involving Wrongful Death
The Supreme Court of Georgia recently overturned a Georgia Court of Appeals ruling that disregarded the state’s $350,000 cap on noneconomic damages in a medical malpractice wrongful death case involving a $7.2 million jury award ...

U.S. Supreme Court to Decide Whether State Medical Malpractice Filing Requirement Applies in Federal Court
The United States Supreme Court will consider whether federal courts sitting in diversity jurisdiction should apply Delaware’s “affidavit of merit” statute — essentially requiring a report from a healthcare provider certifying a medical malpractice claim has merit before the case can proceed. The Supreme Court’s ruling will likely have a widespread impact because a majority of states have adopted similar statutes to combat frivolous medical malpractice lawsuits ...

Blurring Lines: How Consumer Protection Laws Are Reshaping Medical Professional Liability Risks
Hospitals and health systems are well-versed in traditional medical malpractice cases, but as healthcare is increasingly viewed as a business, providers must understand both the potential and the limitations of claims brought under consumer protection laws. These laws can be attractive avenues for individuals who believe they have been wronged by the healthcare system. Unlike medical malpractice claims, which require expert testimony and may be subject to damages caps, consumer protection statutes often allow for treble damages, punitive damages and attorneys’ fees. They may also provide injunctive relief, do not require proof of causation or actual damages, and can support class action lawsuits ...

Coverys Sells Italian MGA, Retains European Partnership
Coverys has signed an agreement to sell its Italian managing general agent, AEC Agenzia di Assicurazione e Riassicurazione SpA, to Edge Group, an Italian insurance broking platform backed by London-based private equity firm AnaCap Financial Partners ...

Michigan Supreme Court Declines Federal Court Request to Review Constitutionality of MadMal Damage Cap
The Michigan Supreme Court last month declined to review the constitutionality of the state’s medical malpractice award caps, turning down a certified question from a federal district court. The state’s high court cited its controlling precedence in Phillips v. Mirac as justification for the non-answer ...

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