Criminal Judgment of Medical Malpractice

Medical Malpractice Crisis Medical Malpractice Crisis

Medical malpractice.

Few issues in health care spark as much ire and angst as medical-malpractice litigation. Physicians revile malpractice claims as random events that visit unwarranted expense and emotional pain on competent, hardworking practitioners. Commentators lament the “lawsuit lottery,” which provides windfalls for some patients, but no compensation for the vast majority of patients injured by medical car...

Liability for Medical Malpractice

P_ hysicians and other medical providers are subject to a negligence rule of liability. To prevail, a plaintiff must show that he or she sustained damages that were caused by the failure of the physician to take due care, defined as customary practice of physicians in good standing with the profession, or a significant minority of such physicians. In a simple model, with perfect information and...

Medical Malpractice (Introduction)

Physician medical malpractice

Malpractice insurance premiums for physicians have increased at an average rate of over 30 percent per year. This rate is significantly higher than health care cost inflation and the increase in physician costs. Trends indicate that malpractice related costs, both liability insurance and defensive medicine costs, will continue to increase for the near future. Pressures to limit physician costs ...