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Health Care Reform and Medical Malpractice Claims

5 Pages Posted: 7 Dec 2010  

Mark A. Rothstein

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

Date Written: December 3, 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.

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

JEL Classification: K31, K32

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

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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