Law Commons^™

Medical Liability And Health Care Reform, Leonard J. Nelson Iii, Michael A. Morrisey, David J. Becker

Leonard J. Nelson III

We examine the impact of the Patient Protection and Affordable Care Act (PPACA) on medical liability and the controversy over whether medical liability reforms could make a useful contribution to health care reform. By providing guaranteed access and renewal at community rates, the PPACA could reduce the problem of under-compensation resulting from damages caps. It could also, however, exacerbate the problem of under-claiming in the malpractice system thereby reducing incentives to invest in loss prevention activities. Shifting losses from liability insurers to health insurers could further undermine the already weak deterrent effect of the medical liability system. Republicans in Congress …