‘Does Tort Law Stifle Innovative Medical Treatments?’

Anna B Laakmann, When Should Physicians Be Liable for Innovation?, 36 Cardozo Law Review 913 (2015). The interaction between medical malpractice law and the provision of health care is the subject of an ongoing policy debate. Do physicians practice ‘defensive medicine’ to avoid being sued? Does the high cost of liability insurance or the looming threat of unfounded malpractice claims drive physicians from particular specialties or regions of the country? These issues have dominated the debate for years. Recently, another issue has gained prominence. Does malpractice law deter physicians from adopting innovative procedures? This is probably more important than the question of whether tort law induces the practice of ‘defensive medicine’ …” (more)

[Mark Geistfeld, JOTWELL, 2 June]

First posted 2015-06-02 11:31:53

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