The Reform of Medical Malpractice Law: Historical Perspectives

The major stimulus for the extensive, state level, reform of medical malpractice during the past two decades was the widespread belief in a malpractice crisis. The perception of a crisis arose in the 1960s largely because of what was viewed as sudden and dramatic increases in the malpractice liability of physicians. However, historical data demonstrate that the common perception that physician liability increased suddenly and dramatically beginning in the 1960s is incorrect. Since malpractice reform has been based upon the false premise that the medical malpractice liability system, previously working smoothly, was in disarray, the soundness of much of the malpractice reform which has occurred in the past two decades is questioned.