Don't reform malpractice suits: end them

Tort law addresses and provides remedies for wrongdoings not arising out of contractual obligations or criminal acts. For example, the failure of a professional to follow generally accepted standards is the tort of malpractice. This body of law exist for four reasons, as enumerated in a classic lega...

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Veröffentlicht in:Medical economics 2011-05, Vol.88 (9), p.65-65
1. Verfasser: Birnbaum, Jack
Format: Magazinearticle
Sprache:eng
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Zusammenfassung:Tort law addresses and provides remedies for wrongdoings not arising out of contractual obligations or criminal acts. For example, the failure of a professional to follow generally accepted standards is the tort of malpractice. This body of law exist for four reasons, as enumerated in a classic legal text by attorney Glanville Williams in 1951: 1. to appease those who feel wronged, 2. to punish the doctor who committed the error, 3. To improve medical care, and 4. to compensate the injured. the author is all for caps on noneconomic damages, and pre-filing review, no-fault systems, and all the other suggestions that have been discussed in this article. They're better than doing nothing. But they don't address the underlying problem, which is that the system isn't just flawed, it makes no sense. Better peer review is needed and it needs to be ongoing.
ISSN:0025-7206
2150-7155