The restructuring of health insurance contracts and health care delivery systems under managed care is the result of competitive attempts to reduce the inefficiencies that developed in medical markets under traditional indemnity insurance. Liability rules that continue to apply norms of customary care threaten to undermine these potential efficiency gains. Liability rules under managed care sho...

We evaluate the effect of tort reform on employer-sponsored health insurance premiums by exploiting state-level variation in the timing of reforms. Using a dataset of healthplans representing over 10 million Americans annually between 1998 and 2006, we find that caps on non-economic damages, collateral source reform, and joint and several liability reform reduce premiums by 1 to 2 percent each....

Pharmaceutical manufacturers decry the purported burdens imposed by Federal regulation when it suits their proprietary interests, yet they sing a wholly different tune when defending product liability suits. As product liability defendants, they unabashedly seek the protective womb of Food and Drug Administration (FDA) regulation, arguing that agency approval of their drug and its labeling prec...

Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive externalities, negative liability should apply: those who produce benefits should be paid a compensatory awar...

Health 2020: European health and well-being policy. It focuses on supporting the actions of governments society in direction significantly improving population; reducing level inequality receiving medical services; promoting everyone; ensuring that care system is "human-centred". The position World Organization unequivocal – "the most important general issue internationally" patient safety (an ...

Abstract This article examines the extent to which tort law can be used incentivise creation of circular value chain and design products that live up requirements economy. In doing so, this focuses in particular on concepts product liability liability. It shows whereas framework has clearly been thought out fit linear chain, central are also sufficiently flexible able take circularity considera...

This paper evaluates alternative rules of liability and compensation for occupational disease. The criterion applied is minimization of the sum of the costs associated with occupational disease, disease prevention, uninsured risk costs, and litigation and insurance overhead or transaction costs. Options considered include the workers' compensation system, the tort system, first party insurance,...