A review of medical malpractice issues in Malaysia under tort litigation system.

Problems of Tort Litigation as a Means of Patient and Consumer Protection in Health Care Systems

The U.S. health care system relies on tort litigation as a means of protecting patients and consumers from medical malpractice. The system of tort litigation has contributed to the U.S. having the highest health care spending per capita of any nation, but it has not resulted in superior quality of care. This work argues that tort litigation in health care is actually detrimental to patient safe...

Negligence, genuine error, and litigation

Not all medical injuries are the result of negligence. In fact, most medical injuries are the result either of the inherent risk in the practice of medicine, or due to system errors, which cannot be prevented simply through fear of disciplinary action. This paper will discuss the differences between adverse events, negligence, and system errors; the current medical malpractice tort system in th...

Medical Malpractice Litigation and Tort Reform: It’s the Incentives, Stupid

Nursing home litigation and tort reform: a case for exceptionalism.

The medical malpractice crisis that is currently spreading across the United States bears many similarities to earlier crises. One novel aspect of the current crisis is the explicit inclusion of litigation against nursing homes as a target of reform. Encouraged by the nursing home industry, policymakers are considering the extension of conventional medical malpractice tort reforms to the nursin...

The Effects of Malpractice Tort Reform on Defensive Medicine

As the rising cost of malpractice threatens to reduce the number of hospitals and physicians in various states across the nation, policy-makers must examine the factors contributing to these crises. Beyond studying the symptoms of malpractice crises, such as increasing claims frequency and severity manifested through increasing malpractice premia, policy-makers must consider flaws within the ma...