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The Health Care Reform Act of 2010 and Medical Malpractice Liability: Worlds in Collision or Ships Passing in the Night?

20 Pages Posted: 7 Feb 2011 Last revised: 13 Oct 2011

Thomas L. Hafemeister

Independent

Joshua Hinckley-Porter

Unaffiliated Authors

Date Written: September 15, 2011

Abstract

The Patient Protection and Affordable Care Act of 2010 tackles many health care-related issues, but medical malpractice liability reform is not one of them. Despite being a perennial target of health care reform -- with accompanying assertions that a medical malpractice liability crisis is corrupting the delivery of health care in the United States -- only three short sections that made little substantive change to existing law were devoted to it in a bill that eventually totaled over 900 pages in length. This Article describes what the bill did, what it failed to do, and its likely and perhaps unanticipated consequences for the ongoing medical malpractice liability reform debate.

Keywords: Health Law, Health Policy, Medical Malpractice, Litigation, Medical Jurisprudence, Patient Safety, Politics, Demonstration Funding and Projects

JEL Classification: I1, I10, I31, I00, H51, H11, H10, I18, K13, K32, K23, K4, K40, K41, L32, J28

Suggested Citation

Hafemeister, Thomas L. and Hinckley-Porter, Joshua, The Health Care Reform Act of 2010 and Medical Malpractice Liability: Worlds in Collision or Ships Passing in the Night? (September 15, 2011). Southern Methodist University Law Review, Vol. 64, p. 735, 2011; Virginia Public Law and Legal Theory Research Paper No. 2011-40. Available at SSRN: https://ssrn.com/abstract=1755028

Joshua Hinckley-Porter

Unaffiliated Authors ( email )

United States

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