Risk Imposition and Liability to Defensive Harm

Defensive medicine in neurosurgery: does state-level liability risk matter?

BACKGROUND Defensive medicine is prevalent among US neurosurgeons due to the high risk of malpractice claims. This study provides national estimates of US neurosurgeons' defensive behaviors and perceptions. OBJECTIVE To examine the relationship of defensive medicine-both "assurance" behaviors and "avoidance" behaviors-to the liability environment. METHODS A 51-question online survey was sen...

The Basis of Moral Liability to Defensive Killing

Liability for psychological and psychiatric harm: the road to recovery.

This article examines the judicial approach to emotional harm claims from a medical perspective. Legal rules in this area are already recognised as being illogical and incoherent. Psychological and psychiatric research illustrate that they also conflict with empirical findings. By basing claims on erroneous criteria, courts may deny liability in meritorious cases, and impose liability in possib...

Malpractice Liability and Defensive Medicine: A National Survey of Neurosurgeons

BACKGROUND Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons...

Cumulative Harm and Resilient Liability Rules for Product Markets*

In the traditional model of the law and economics of torts, harm accrues proportional to use. This has the remarkable implication for products-generated torts that product performance concerns (e.g., issues of care and of liability for harm) can be considered independently of market performance concerns (e.g., market structure and competition). Moreover, the classical analysis finds that all li...