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Reputation, Malpractice Liability, and Medical Error
William M. Sage University of Texas at Austin School of Law ACCOUNTABILITY: PATIENT SAFETY AND POLICY REFORM, Virginia A. Sharpe, ed., Georgetown University Press, 2004, Copyright Abstract: Health care providers have strong feelings about medical malpractice litigation, feelings that often seem at odds with measurable characteristics of the malpractice system. These (mis)perceptions influence the delivery of health care, and are therefore socially important notwithstanding their subjectivity. This speculative essay traces such paradoxes of malpractice policy to the concept of reputation, examining both historical trends and potential future developments such as enterprise liability.
Keywords: medical malpractice, physician, tort, reputation, norms JEL Classifications: I18, K13, K32, K41 Accepted Paper SeriesDate posted: March 11, 2005 ; Last revised: June 15, 2005Suggested CitationContact Information
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