In this paper I estimate the strength of medical providers' incentive to avoid negligent medical care, taking account of the facts that many victims of medical malpractice do not file claims, many nonvictims do file claims, legal costs are high, and the legal system makes errors. Despite these problems, the negligence system creates a strong financial incentive for medical providers to avoid su...

Resident physicians, attending physicians, and graduate medical education (GME) institutions share a collective responsibility to deliver safe and appropriate care to patients. The law does not offer concessions in quality of care to accommodate GME. Resident physicians are generally held to the same standard of care as attending physicians in their respective specialties. This principle encour...

Developmental Medicine & Child Neurology 2003, 45: 363–363 363 ‘On the influence of abnormal parturition: difficult labours, premature birth, and asphyxia neonatorum, on the mental and physical condition of the child, especially in relation to deformities’. In the third paragraph he notes ‘the object of this communication is to show that the act of birth does occasionally imprint upon the nervo...

In the U.S. physicians and other medical providers are subject to a negligence rule of liability. Under a negligence rule a patient who is injured as a result of medical care is entitled to compensation only if he or she can show that the injury was caused by the physician's failure to take due care. Given a finding of liability, compensation is determined by a civil jury. In recent years the f...

In the framework of European law telemedicine is, simultaneously, a health service and an information service, therefore, both regulations apply. In what concerns healthcare and the practice of medicine there are no uniform regulations at the European level. Concerning health services the most relevant achievement to regulate this domain is Directive 2011/24/EU. In what regards information and ...

This paper considers the effect of tort liability reforms on medical malpractice and general liability insurance markets. The primary reforms analyzed were damages caps and other liability reforms. These reforms decreased premiums, reduced losses, and improved the profitability of insurance companies based on evidence using detailed individual company by state data from the National Association...