The Legal Liability Regime: How Well is it Doing in Assuring Quality, Accounting for Costs, and Coping with an Evolving Reality in the Healthcare Marketplace?

27 Pages Posted: 23 Nov 2002

See all articles by James F. Blumstein

James F. Blumstein

Vanderbilt University - Law School; Vanderbilt University - Owen Graduate School of Management

Abstract

This brief Essay will focus, in somewhat truncated fashion, on the following broad set of questions: How well does the legal liability regime deal with selected current issues? The Essay will raise some issues regarding the current state of liability law and relate those issues to current health policy concerns such as quality assurance and cost containment. I will conclude that some premises of liability law have been called into question and are in need of rethinking.

Keywords: medical malpractice, medical errors, political uncertainty, health law and health policy

JEL Classification: I1, K0, I18, I19, K10, K13

Suggested Citation

Blumstein, James F., The Legal Liability Regime: How Well is it Doing in Assuring Quality, Accounting for Costs, and Coping with an Evolving Reality in the Healthcare Marketplace?. Annals of Health Law (2002); Vanderbilt Law and Economics Research Paper No. 02-20; Vanderbilt Public Law Research Paper No. 02-14. Available at SSRN: https://ssrn.com/abstract=331221 or http://dx.doi.org/10.2139/ssrn.331221

James F. Blumstein (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Health Policy Center
Nashville, TN 37203-1181
United States
(615) 343-3939 (Phone)
(615) 322-6631 (Fax)

HOME PAGE: http://law.vanderbilt.edu/bio/james-blumstein

Vanderbilt University - Owen Graduate School of Management ( email )

401 21st Avenue South
Nashville, TN 37203
United States

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