Do Health Reform and Malpractice Reform Fit Together?

26 Pages Posted: 28 Mar 2011 Last revised: 12 Jul 2014

William M. Sage

University of Texas at Austin School of Law; University of Texas at Austin - Dell Medical School

David A. Hyman

Georgetown University

Date Written: March 14, 2011

Abstract

A frequent claim among critics of the Patient Protection and Affordable Care Act (PPACA) is that they would have been more likely to support “real health care reform” if it included malpractice reform. Indeed, many Republicans argued that health care spending and defensive medicine could be controlled only if the PPACA included comprehensive malpractice reform. The final version of the PPACA, however, included only two minor provisions related to medical malpractice. Why did the PPACA not emphasize malpractice reform as a more important component of health care reform? Should the PPACA have done more to change the rules of malpractice liability? What kinds of changes might make sense? We provide a structured response to these questions, blending a discussion of politics and policy.

Keywords: Malpractice, PPACA, Health Reform, Tort Reform

JEL Classification: K13, K41

Suggested Citation

Sage, William M. and Hyman, David A., Do Health Reform and Malpractice Reform Fit Together? (March 14, 2011). U of Texas Law, Law and Econ Research Paper No. 203; Illinois Program in Law, Behavior and Social Science Paper No. LBSS11-13. Available at SSRN: https://ssrn.com/abstract=1785796

William Matthew Sage

University of Texas at Austin School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

University of Texas at Austin - Dell Medical School ( email )

Austin, TX 78712

David A. Hyman (Contact Author)

Georgetown University ( email )

Washington, DC 20057
United States

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