‘“The only thing we have to fear is fear itself”: How physicians’ exaggerated conception of medical malpractice liability has become the real problem’

Myungho Paik, Bernard Black, and David A Hyman, The Receding Tide of Medical Malpractice Litigation: Part 1 — National Trends, 10 Journal of Empirical Legal Studies 612 (2013) available at SSRN. Physicians continue to talk about the ‘Medical Liability Crisis’ and physician-funded advocacy groups continue to push for additional and further-reaching liability-limiting reforms. Yet although the prize advocates seek (tort reform!) has remained the same for decades, the justification for why tort reform is needed has undergone a subtle metamorphosis. For a while, reformers argued that liability limits were needed because the problem of medical injury was grossly exaggerated—medical injury was a problem mostly ginned up by plaintiffs. But then, the Institute of Medicine’s (IOM’s) groundbreaking 1999 study, To Err is Human, came along … (more)

[Nora Engstrom, JOTWELL, 9 April]

First posted 2014-04-09 14:34:41

Leave a Reply