background: medical liability systems play an important role on doctors’ everyday practices and their relationship with patients. they can be established in two ways, fault-based and non-fault. basing medical liability upon the element of fault links it to various issues of medical ethics.  in this paper, we have studied the possible ways each system, could affect the applicability of values an...

Physicians typically carry virtually complete malpractice insurance coverage. This contradicts standard theoretical predictions that under a negligence rule of liability there should be no demand for insurance, and insurance policies under moral hazard will contain co-payment provisions. It is argued that judicial 'errors' in defining negligence generate a demand for liability and legal defense...

P_ hysicians and other medical providers are subject to a negligence rule of liability. To prevail, a plaintiff must show that he or she sustained damages that were caused by the failure of the physician to take due care, defined as customary practice of physicians in good standing with the profession, or a significant minority of such physicians. In a simple model, with perfect information and...

Much of the medical liability debate has revolved around limiting the incentives for pursuing potentially costly litigation against physicians, hospitals, and other healthcare providers. States have experimented with refinement of the tort systems with measures such as damage caps, joint-and-several liability rules, and statute-of-limitation restrictions with mixed success. Proponents of such m...

No tort reform has more potential to improve the quality of medical care and to reduce the frequency of patient injuries than exclusive hospital enterprise liability. Hospital enterprise liability would make hospitals liable for all patient injuries occurring in the hospital that are the product of provider negligence, regardless of the independent contractor status of the providers. In its “ex...