Medical malpractice lawsuits are common and controversial in the United States. Since early 2002, doctors' insurance premiums for malpractice coverage have soared. As Congress and state governments debate laws intended to stabilize the cost of insurance, doctors continue to blame lawyers and lawyers continue to blame doctors and insurance companies. This book, which is the capstone of three years' comprehensive research funded by The Pew Charitable Trusts, goes well beyond the conventional debate over tort reform and connects medical liability to broader trends and goals in American health policy. Contributions from leading figures in health law and policy marshal the best available information, present new empirical evidence, and offer cutting-edge analysis of potential reforms involving patient safety, liability insurance and tort litigation.
• Contains current, comprehensive, unbiased information and analysis of the medical malpractice system in the United States • Focuses on the connection between medical malpractice policy and the quality, cost, and availability of health care • Includes contributions by many of the nation's premier researchers and commentators on malpractice polity and health policy
Part I. Framing Medical Malpractice as a Health Policy Issue: 1. The medical malpractice system: structure and performance Michelle M. Mello and David M. Studdert; 2. Malpractice reform as a health policy problem William M. Sage; 3. Medical malpractice and the new politics of health care Rogan Kersh; Part II. The Health Policy Impact of Medical Malpractice: 4. Who pays when malpractice premiums rise? Mark V. Pauly; 5. The effects of the US malpractice system on the cost and quality of care David J. Becker and Daniel P. Kessler; 6. Liability, patient safety, and defensive medicine: what does the future hold? Troyen A. Brennan, Michelle M. Mello and David M. Studdert; 7. Medical liability and the culture of technology Peter D. Jacobson; Part III. Malpractice Reforms that Solve the Right Problems: 8. Promoting fairness in the medical malpractice system Maxwell J. Mehlman; 9. Caps and the construction of damages in medical malpractice cases Catherine M. Sharkey; 10. Expertise and the legal process Catherine T. Struve; 11. Disclosure and fair resolution of adverse events Carol B. Liebman and Chris Stern Hyman; Part IV. In Search of a 'New Paradigm': 12. Enterprise liability in the 21st century Randall R. Bovbjerg and Robert Berenson; 13. Private contractual alternatives to malpractice liability Jennifer Arlen; 14. Medical malpractice insurance reform: 'enterprise insurance' and some alternatives Tom Baker; 15. Governments as insurers in professional and hospital liability insurance markets Frank A. Sloan and Charles E. Eesley; 16. Medicare-led malpractice reform Eleanor Kinney and William Sage.