Medical Malpractice

Medical Malpractice

ISBN-10:
0262515164
ISBN-13:
9780262515160
Pub. Date:
08/13/2010
Publisher:
MIT Press
ISBN-10:
0262515164
ISBN-13:
9780262515160
Pub. Date:
08/13/2010
Publisher:
MIT Press
Medical Malpractice

Medical Malpractice

Paperback

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Overview

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 malpractice.


Product Details

ISBN-13: 9780262515160
Publisher: MIT Press
Publication date: 08/13/2010
Pages: 472
Sales rank: 939,988
Product dimensions: 5.60(w) x 8.70(h) x 1.00(d)

About the Author

Frank Sloan, awarded the Victor R. Fuchs Award for Lifetime Contributions to the Field of Health Economics in 2016, is J. Alexander McMahon Professor of Health Policy and Management and Professor of Economics at Duke University. He is coauthor of The Price of Smoking (2004) and Medical Malpractice (2008) and coeditor of Incentives and Choices in Health Care (2008), all published by the MIT Press.

Lindsey M. Chepke, an attorney, is a Research Associate at the Center for Health Policy at Duke University.

Table of Contents

Preface     vii
Introduction     1
Why the Crises in Medical Malpractice?     27
An Increased Threat of Lawsuits and Higher Premiums: The Consequences     51
Governments' Responses to Medical Malpractice Crises-and Their Effects     85
Ceilings on Nonmonetary and Total Losses     107
Compensating Plaintiffs' Attorneys     135
Juries and Health Courts     163
Patient Safety and Medical Malpractice     189
Medical Malpractice Insurance and Insurance Regulation     217
Reinsurance     247
No-Fault for Medical Injuries     277
Reforms: What Can Be Done     309
Notes     337
References     401
Index     441

What People are Saying About This

David Studdert

"Frank Sloan and Lindsey Chepke have written an outstanding book on medical malpractice. Their comprehensive and clear-headed analysis sifts carefully through what we know and don't know about the workings of the system. The discussion of liability insurance markets and insurance regulation is particularly impressive,
and surely stands as the finest analysis of these issues to date. Medical Malpractice should be essential reading for doctors, lawyers, policymakers, and managers of health care institutions and professional indemnity companies. Patients with a special interest in the topic will find the book more accessible than previous treatments of the topic. The book will help all of these stakeholders sort fact and evidence from the myth and exaggeration that too often poison debate in this area."--David Studdert, Professor and Federation Fellow, Faculty of Law, and Faculty of Medicine, Dentistry and Health Sciences, University of Melbourne

From the Publisher

"This is top-flight work. I expect this book will be a watershed in the literature of medical malpractice. I have seen nothing so capacious nor so well done." Edward A. Dauer , Dean Emeritus, and Professor of Law,
Sturm College of Law, University of Denver

The MIT Press

Edward A. Dauer

"This is top-flight work. I expect this book will be a watershed in the literature of medical malpractice. I have seen nothing so capacious nor so well done."--Edward A. Dauer, Dean Emeritus, and Professor of Law, Sturm College of Law,
University of Denver

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