Evaluating the Medical Malpractice System and Options for Reform
Bibliographic Data
| ID | 4030336 |
|---|---|
| Authors | Daniel P Kessler (0000-0003-0344-0418, Professor of Law, Stanford Law School, Stanford University, Stanford, California.; Professor, Graduate School of Business, Stanford University, Stanford, California.; Senior Fellow, Hoover Institution, Stanford University, Stanford, California.; Research Associate, National Bureau of Economic Research, Cambridge, Massachusetts., corresponding author) |
| Year | 2011 |
| Volume | 25 |
| Issue | 2 |
| Pages | 93-110 |
| Publication date | 2011-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The Journal of Economic Perspectives (JOURNAL) |
| Journal identifiers | ISSN: 0895-3309 • E-ISSN: 1944-7965 |
| Publisher | American Economic Association (PUBLISHER • US) |
| DOI | 10.1257/jep.25.2.93 |
| PMID | 21595327 |
| OpenAlex | W2128871836 |
| Language | EN |
| Citations received | 4 |
| References cited | 49 |
The U.S. medical malpractice liability system has two principal objectives: to compensate patients who are injured through the negligence of healthcare providers and to deter providers from practicing negligently. In practice, however, the system is slow and costly to administer. It both fails to compensate patients who have suffered from bad medical care and compensates those who haven't. According to opinion surveys of physicians, the system creates incentives to undertake cost-ineffective treatments based on fear of legal liability-to practice "defensive medicine." The failures of the liability system and the high cost of health care in the United States have led to an important debate over tort policy. How well does malpractice law achieve its intended goals? How large of a problem is defensive medicine and can reforms to malpractice law reduce its impact on healthcare spending? The flaws of the existing system have led a number of states to change their laws in a way that would reduce malpractice liability-to adopt "tort reforms." Evidence from several studies suggests that wisely chosen reforms have the potential to reduce healthcare spending significantly with no adverse impact on patient health outcomes
Actuarial science · Business · Computer security · Defensive medicine · Economics · Health care · Incentive · Law and economics · Liability · Malpractice · Medical malpractice · Political science · Tort · Tort reform · Healthcare cost, quality, practices · Healthcare Policy and Management · Law · Medical Malpractice and Liability Issues · Finance
Medical Malpractice Reform—Historical Approaches, Alternative Models, and Communication and Resolution Programs
Civil liability for the actions of autonomous AI in healthcare
A colonized general practice? A critical habermasian analysis of how general practitioners experience defensive medicine in their everyday working life
Exploring Lawyer Misconduct
Why Don't Physicians Follow Clinical Practice Guidelines?
Incidence of Adverse Events and Negligence in Hospitalized Patients
The Impact of State Laws Limiting Malpractice Damage Awards on Health Care Expenditures
Incidence and Types of Adverse Events and Negligent Care in Utah and Colorado
Relationship Between Malpractice Litigation Pressure and Rates of Cesarean Section and Vaginal Birth After Cesarean Section
Negligent Care and Malpractice Claiming Behavior in Utah and Colorado
Variability in Medical Malpractice Payments
| Unique citing works | 4 |
|---|---|
| Citations per year | 0,4 |
| Citation span | 2016 - 2024 (9) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |