Abstract

http://ssrn.com/abstract=1721030
 
 

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Health Care Reform and Medical Malpractice Claims


Mark A. Rothstein


University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

December 3, 2010

Journal of Law, Medicine and Ethics, Vol. 38, No. 4, p. 871, 2010

Abstract:     
The seemingly interminable debates about health care reform in the last few years have focused mainly on health care access, quality, and cost. Debates on the medical malpractice component of the issue have focused almost entirely on cost.1 The familiar arguments in favor of limiting liability include the financial and health costs of defensive medicine; decreased physician supply in certain specialties and geographic areas; excessive awards; and high transaction costs, including attorney and expert witness fees. The equally familiar arguments in favor of maintaining tort liability include the need to promote civil justice, deter substandard care, identify incompetent practitioners, and encourage systemic quality improvement.

Number of Pages in PDF File: 5

Keywords: Health Reform, Medical Malpractice, Tort Reform, Health Quality, Patient Protection, Affordable Care Act

JEL Classification: K31, K32

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Date posted: December 7, 2010  

Suggested Citation

Rothstein, Mark A., Health Care Reform and Medical Malpractice Claims (December 3, 2010). Journal of Law, Medicine and Ethics, Vol. 38, No. 4, p. 871, 2010. Available at SSRN: http://ssrn.com/abstract=1721030

Contact Information

Mark A. Rothstein (Contact Author)
University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )
Louisville, KY 40202
United States
HOME PAGE: http://www.louisville.edu/bioethics
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
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