Medical malpractice litigation : how it works, why tort reform hasn't helped / Bernard S. Black, David A. Hyman, Myungho Paik, William M. Sage, Charles Silver.
2021
K4365 .B53 2021 (Map It)
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Title
Medical malpractice litigation : how it works, why tort reform hasn't helped / Bernard S. Black, David A. Hyman, Myungho Paik, William M. Sage, Charles Silver.
Published
Washington, DC : Cato Institute, [2021]
Call Number
K4365 .B53 2021
ISBN
9781948647793 hardcover
1948647796 hardcover
9781948647809 electronic book
1948647796 hardcover
9781948647809 electronic book
Description
xxv, 307 pages : illustrations ; 24 cm
System Control No.
(OCoLC)1226072923
Summary
"Over the past 50 years, the United States experienced three major medical malpractice (med mal) crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes, and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on non-economic, punitive, or total damages and Congress has periodically debated the merits of a federal cap on damages. However, the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually have? Did tort reform reduce frivolous litigation? Did tort reform actually improve access to health care or reduce defensive medicine? Both sides in the debate have strong opinions about these matters, but their positions are mostly talking points or are based on anecdotes. This book provides factual answers to these and other questions about the performance of the med mal system. The authors, all experts in the field and from across the political spectrum, provide an accessible, fact-based response to the questions ordinary Americans and policymakers have about the performance of the med mal litigation system"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 257-293) and index.
Available in Other Form
Online version: Black, Bernard S., 1953- Medical malpractice litigation. Washington, DC : Cato Institute, [2021] 9781948647809 (OCoLC)1226077340
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Table of Contents
Why this book matters
Our data sources and limitations
The Texas medical malpractice insurance crisis : smoke without much fire
Haircuts : jury verdicts and post-verdict payouts
Impact of policy limits in cases against physicians
Defense costs
The impact of capping damages
Medical malpractice claiming by elderly patients
Defensive medicine? Impact on health care spending
Impact on physician supply in Texas
The receding tide of medical malpractice litigation
Defensive medicine in the new-cap states
Does tort reform attract physicians to the new-cap states?
Synthesis : lessons and pathologies
Reform strategies : toward a better medical malpractice system
Three concluding points.
Our data sources and limitations
The Texas medical malpractice insurance crisis : smoke without much fire
Haircuts : jury verdicts and post-verdict payouts
Impact of policy limits in cases against physicians
Defense costs
The impact of capping damages
Medical malpractice claiming by elderly patients
Defensive medicine? Impact on health care spending
Impact on physician supply in Texas
The receding tide of medical malpractice litigation
Defensive medicine in the new-cap states
Does tort reform attract physicians to the new-cap states?
Synthesis : lessons and pathologies
Reform strategies : toward a better medical malpractice system
Three concluding points.