Medical Malpractice: A Time for More Talk and Less Rhetoric

29 Pages Posted: 5 Nov 2019

See all articles by Robert Ackerman

Robert Ackerman

Wayne State University Law School

Date Written: 1986

Abstract

This Article first examines the competing claims of the AMA and ATLA with respect to medical malpractice litigation. 7 The next section of the Article explores some legal reasons for excessive exposure of physicians to malpractice liability. The balance of the Article analyzes some possible solutions. Legislative reform proposals are divided into those that would arbitrarily curtail patients' rights in order to reduce the threat of malpractice verdicts and those that are designed to address the very real problems of medical malpractice litigation. The Article considers alternative means of resolving disputes related to medical services. The Article concludes that the present atmosphere of "confusion and recrimination" is conducive to neither the enactment of fair and rational tort reform legislation nor the amicable resolution of disputes, and that a new climate of understanding is needed if doctors, lawyers, and patients are to find solutions to the medical malpractice problem.

Suggested Citation

Ackerman, Robert, Medical Malpractice: A Time for More Talk and Less Rhetoric (1986). Mercer Law Review Vol. 37 (1986), Available at SSRN: https://ssrn.com/abstract=3475743

Robert Ackerman (Contact Author)

Wayne State University Law School ( email )

471 Palmer
Detroit, MI 48202
United States

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