5 Pages Posted: 7 Dec 2010
Date Written: December 3, 2010
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.
Keywords: Health Reform, Medical Malpractice, Tort Reform, Health Quality, Patient Protection, Affordable Care Act
JEL Classification: K31, K32
Suggested Citation: 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: https://ssrn.com/abstract=1721030