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Most experts would agree that the current medical malpractice
system in the United States does not work effectively either to
compensate victims fairly or prevent injuries caused by medical
errors. Policy responses to a series of medical malpractice crises
have not resulted in effective reform and have not altered the
fundamental incentives of the stakeholders. In Medical Malpractice,
economist Frank Sloan and lawyer Lindsey Chepke examine the U.S.
medical malpractice process from legal, medical, economic, and
insurance perspectives, analyze past efforts at reform, and offer
realistic, achievable policy recommendations. They review the
considerable empirical evidence in a balanced fashion and assess
objectively what works in the current system and what does not.
Sloan and Chepke argue that the complexity of medical malpractice
stems largely from the interaction of the four discrete markets
that determine outcomes--legal, medical malpractice insurance,
medical care, and government activity. After describing what the
evidence shows about the functioning of medical malpractice, types
of defensive medicine, and the effects of past reforms, they
examine such topics as scheduling damages as an alternative to flat
caps, jury behavior, health courts, incentives to prevent medical
errors, insurance regulation, reinsurance, no-fault insurance, and
suggestions for future reforms. Medical Malpractice is the most
comprehensive treatment of malpractice available, integrating
findings from several different areas of research and describing
them accessibly in nontechnical language. It will be an essential
reference for anyone interested in medical malpractice.Frank A.
Sloan is J. Alexander McMahon Professor of Health Policy and
Management and Professor of Economics at Duke University. He is the
coauthor of The Price of Smoking (MIT Press, 2004) and author or
editor of many other books on health economics. Lindsey M. Chepke,
an attorney, is a Research Associate at the Center for Health
Policy at Duke University.
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.
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