Medical Malpractice (MIT Press) Info

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A comprehensive analysis of medical malpractice from
legal, medical, economic, and insurance perspectives that considers why
past efforts at reform have not worked and offers recommendations for
realistic, achievable policy changes.

Most experts would agree
that the current medical malpractice system in the United States does
not work effectively either to compensate victims fairly or prevent
injuries caused by medical errors. Policy responses to a series of
medical malpractice crises have not resulted in effective reform and
have not altered the fundamental incentives of the stakeholders. In
Medical Malpractice, economist Frank Sloan and lawyer Lindsey Chepke
examine the U.S. medical malpractice process from legal, medical,
economic, and insurance perspectives, analyze past efforts at reform,
and offer realistic, achievable policy recommendations. They review the
considerable empirical evidence in a balanced fashion and assess
objectively what works in the current system and what does not. Sloan
and Chepke argue that the complexity of medical malpractice stems
largely from the interaction of the four discrete markets that determine
outcomes -- legal, medical malpractice insurance, medical care, and
government activity. After describing what the evidence shows about the
functioning of medical malpractice, types of defensive medicine, and the
effects of past reforms, they examine such topics as scheduling damages
as an alternative to flat caps, jury behavior, health courts,
incentives to prevent medical errors, insurance regulation, reinsurance,
no-fault insurance, and suggestions for future reforms. Medical
Malpractice is the most comprehensive treatment of malpractice
available, integrating findings from several different areas of research
and describing them accessibly in nontechnical language. It will be an
essential reference for anyone interested in medical

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