Abstract

http://ssrn.com/abstract=1785796
 
 

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Do Health Reform and Malpractice Reform Fit Together?


William M. Sage


University of Texas at Austin School of Law

David A. Hyman


University of Illinois College of Law

March 14, 2011

U of Texas Law, Law and Econ Research Paper No. 203
Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-13

Abstract:     
A frequent claim among critics of the Patient Protection and Affordable Care Act (PPACA) is that they would have been more likely to support “real health care reform” if it included malpractice reform. Indeed, many Republicans argued that health care spending and defensive medicine could be controlled only if the PPACA included comprehensive malpractice reform. The final version of the PPACA, however, included only two minor provisions related to medical malpractice. Why did the PPACA not emphasize malpractice reform as a more important component of health care reform? Should the PPACA have done more to change the rules of malpractice liability? What kinds of changes might make sense? We provide a structured response to these questions, blending a discussion of politics and policy.

Number of Pages in PDF File: 26

Keywords: Malpractice, PPACA, Health Reform, Tort Reform

JEL Classification: K13, K41

Accepted Paper Series





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Date posted: March 28, 2011 ; Last revised: July 12, 2014

Suggested Citation

Sage, William M. and Hyman, David A., Do Health Reform and Malpractice Reform Fit Together? (March 14, 2011). U of Texas Law, Law and Econ Research Paper No. 203; Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-13. Available at SSRN: http://ssrn.com/abstract=1785796

Contact Information

William Matthew Sage
University of Texas at Austin School of Law ( email )
727 East Dean Keeton Street
Austin, TX 78705
United States
David A. Hyman (Contact Author)
University of Illinois College of Law ( email )
504 E. Pennsylvania Avenue
Champaign, IL 61820
United States
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