This Case Study is built around two fundamental questions: First, is there really a malpractice insurance crisis in the United States today? Second, what is the best way to improve the medical liability system? While there is much ongoing debate, this Case Study argues that the answers to both questions are clear. I first review the nature, breadth, and source of the current crisis and then examine ways to ameliorate the problems in both the short and long-term. There is clear evidence that current problems are the result of a dramatic increase in the cost of litigation and that certain legal reforms would significantly alleviate the crisis.
Richard E. Anderson,
Effective Legal Reform and the Malpractice Insurance Crisis,
Yale J. Health Pol'y L. & Ethics
Available at: https://digitalcommons.law.yale.edu/yjhple/vol5/iss1/8