Medical Malpractice Litigation: How It Works, What It Does, and Why Tort Reform Hasn't Helped: How It Works, Why Tort Reform Hasn't Helped - Hardcover

David A Hyman; Bernard S Black; Myungho Paik; William M Sage; Charles Silver

 
9781948647793: Medical Malpractice Litigation: How It Works, What It Does, and Why Tort Reform Hasn't Helped: How It Works, Why Tort Reform Hasn't Helped
Hardcover
ISBN 10: 1948647796 ISBN 13: 9781948647793
Publisher: Cato Institute, 2020

Synopsis

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.

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About the Author

David A. Hyman is an adjunct scholar at the Cato Institute and a Professor of Law at Georgetown University. A doctor as well as a lawyer, Hyman is the coauthor of Overcharged: Why Americans Pay Too Much for Healthcare. Charles Silver, MA, JD, holds the Roy W. and Eugenia C. McDonald Endowed Chair in Civil Procedure at the University of Texas School of Law, where he teaches about civil litigation, health care policy, legal ethics, and insurance.

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Publisher
Cato Institute
Publication date
2020
Language
English
ISBN 10 
1948647796
ISBN 13 
9781948647793
Binding
Hardcover
Number of pages
300