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The Courts As Policy-Makers : A Medical Malpractice Case Study, Jennifer A. Williams

Honors Theses

In this thesis, I argue that the courts are not effective policy-makers because they are a channel for resolving disputes between individuals. I first present the basics of medical malpractice litigation and some of the current literature on the courts as policy-makers. I then address the cultural trends that have made this form of individual dispute resolution common and acceptable, particularly for my case study of medical malpractice. Then I show how some of the individualized aspects of the legal system distort the deterrent effect of lawsuits. I focus on the poor fit between actual negligence and lawsuits that results …