Avraham and Schanzenbach, ‘Medical Malpractice Reform’

Medical Malpractice reform has been the focus of significant attention from policy makers in the United States for decades. Hundreds of reforms to medical malpractice, including caps on non-economic and punitive damages, reform of joint and several liability rules, and changes to evidentiary standards, have been enacted, struck down, and reenacted at the state level since the 1970s. A national cap on non-economic damages in medical malpractice cases has been proposed numerous times and very nearly became a part of the Affordable Care Act. Physician groups, private health insurers, and both Presidents Bush and Obama have argued that medical malpractice reform will reduce healthcare costs.

Avraham, Ronen and Schanzenbach, Max M, Medical Malpractice Reform (March 17, 2015). F Parisi (ed), Oxford Handbook of Law and Economics (Oxford Univ Press, Forthcoming); U of Texas Law, Law and Econ Research Paper.

First posted 2015-03-18 06:55:20

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