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Full-Text Articles in Law
Medical Negligence Litigation Is Not The Problem, Kenneth C. Chessick, Matthew D. Robinson
Medical Negligence Litigation Is Not The Problem, Kenneth C. Chessick, Matthew D. Robinson
Northern Illinois University Law Review
The medical malpractice insurance "crisis" results not from out-of-control juries or overly-litigious plaintiffs and their attorneys, but rather is simply the result of epidemic levels of negligence among physicians. The myth that the liability system is to blame for high premiums facing doctors creates opportunities for insurance companies to restrict plaintiffs' access to courtrooms and to limit the amount of compensation they may receive after proving negligence. This article examines and debunks the leading myths regarding the so-called "crisis" and presents several suggestions that may improve the healthcare provided to patients nationwide.
Addressing The Medical Malpractice Insurance Crisis: Alternatives To Damage Caps, Carrie Lynn Vine
Addressing The Medical Malpractice Insurance Crisis: Alternatives To Damage Caps, Carrie Lynn Vine
Northern Illinois University Law Review
This article examines the history of damage caps as a means of tort reform and their effect on past medical malpractice crises. The article then proposes alternative solutions for future reform. Statistical evidence is presented demonstrating that damage caps are an ineffective means of reducing malpractice insurance premiums because they do not address the underlying causes of rising premiums. "Malpractice crises" correlate with market fluctuations and changes in the supply and demand of malpractice insurance, rather than with any increase in malpractice litigation or verdicts. In order to address the economic source of malpractice crises, the author proposes two alternative …