The Law and Economics of Public Health synthesizes the empirical
research findings on the relationship between law and the public's
health that are found scattered in different literature ranging
from economic journals to medical journals, journals on addictive
behaviors, law reviews, and books. This is the only study to date
that has assembled the empirical evidence from many areas ranging
from motor vehicle liability and dram shop liability to medical
malpractice, products liability as it applies to pharmaceutical
products, and medical devices. The Law and Economics of Public
Health addresses the fundamental question as to whether or not and
the extent to which imposing tort liability on potential injurers
improves the public's health. Does the threat of litigation on
potential injurers make them exercise more caution? Does insurance
coverage counter incentives to be careful? Does the tort system
operate as perfectly as the theory would have it? This monograph
answers these questions on the basis of empirical evidence. The Law
and Economics of Public Health discusses both theory and empirical
evidence in several areas of personal injury to which tort
liability has been applied. The monograph starts by describing the
general law and economics framework used to assess both positive
and normative issues relating to tort liability. It then presents
the rationale for and empirical evidence on particular applications
of tort liability as it applies to personal injury.
General
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