Speak Not of Error
David A. Hyman
University of Illinois College of Law
University of Texas at Austin - School of Law
Regulation, Vol. 28, No. 1, pp. 52-57, Spring 2005
Until recently, physicians argued that malpractice liability should be restricted because medical errors were few and far between. As the empirical literature made that position indefensible, physicians have conceded that medical errors are common, but they continue to call for tort reform, arguing that the alarmingly high frequency of medical errors is the legal system's fault. Malpractice liability is seemingly destined (at least among providers) to be always part of the problem, and never part of the solution. But why would a policy of penalizing unwanted conduct and mistakes not have an important role to play in a comprehensive strategy to make health care safer? The view that sanctions discourage targeted behaviors is at least as plausible as the assertion that punishments make errors more common; in our view, it is more plausible.
Number of Pages in PDF File: 6
Keywords: malpractice, malpractice liability, physicians, medical errors, health care, sanctions
JEL Classification: I1, K13, K32Accepted Paper Series
Date posted: September 27, 2005 ; Last revised: October 8, 2007
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