Understanding Human Error: Viewpoints Forreviewing Medical Malpractice

Understanding medical malpractice insurance: a primer.

As the policy debate over the medical malpractice insurance crisis continues, dueling claims about its causes and suggestions for policy solutions have highlighted the need for a better understanding of how medical malpractice insurance works, why premiums change and what can be done about it. This primer on malpractice insurance discusses these issues and also analyzes the causes of and potent...

Iatrogenesis and Medical Error: The Case for Medical Malpractice Litigation

D iscussions of medical malpractice seem to end up at either of two extremes: the trial lawyer’s view that injured patients deserve compensation, with the treating physician the best source; and the doctor’s view that such suits unfairly penalize judgmental errors while raising the costs of practicing medicine. The parties to this debate make different assumptions about the nature, purpose, and...

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...

Does Medical Error Disclosure Violate the Medical Malpractice Insurance Cooperation Clause?

Medical malpractice insurance policies customarily contain a “cooperation” clause requiring insureds to cooperate with the insurer’s efforts to defend the insured against a claim. A common stipulation in this clause forbids the insured from “admitting liability” to an injured or harmed party. Health professionals often understand this clause to have a chilling effect on the truthful disclosure ...