Medical Malpractice

Economist, Frank A. Sloan, a Professor of Economics at Duke University and Lindsey Chepke, a Research Assistant at the Center of Health Policy at Duke University explore in detail the present medical malpractice process from various angles such as legal, medical, economic and insurance perspectives with analysis on past efforts at reform, and other realistic, achievable approaches to policy recommendations. In this book, discussion is made of the five myths of medical malpractice such as:

1. Medical costs are sky rocketing due to too many medical malpractice claims;

2. Only good doctors are sued;

3. Alternative Dispute Resolution disputes of medical malpractice is a lottery;

4. Medical malpractice claimants are overpaid for their loses; and

5. Medical care is costly because of medical malpractice.

This book investigates and discussed each of these myths and explains in detail the weakness of each in the manner in which they have been portrayed and produced. The authors argue that the complexity of medical malpractice stems largely from the interaction of the four discrete markets that determine outcomes. Those are legal, medical malpractice insurance, medical care and government activity.

Many topics are examined, such as scheduling damages as an alternative to flat caps, jury behavior, health courts and incentives to prevent medical errors, insurance regulation, reinsurance, no-fault insurance and suggestions for future reforms.

Many authorities in this area feel that this book Medical Malpractice is one of the most comprehensive publications today with the treatment of malpractice available, utilizing findings from several different areas of research with an explanation of each.

Professor Steve Shavell of the Harvard Law School states AMedical Malpractice will almost certainly become the definitive general reference for policymakers and scholars interested in the important problem of medical malpractice and our legal system. The book is not only written by experts in the field, it is also comprehensive in its coverage, balanced in its judgments, and oriented toward data and evidence rather than the expression of opinion. Finally, the book is unusual in its accessibility — no one will have any trouble understanding it.

Meanwhile, Professor Edward A. Dauer of the Sturm College of Law in Denver, CO states “This is top flight work. I expect this book will be a watershed in the literature of medical malpractice, I have seen nothing so capacious nor so well done”.

Evidently, many authorities in the area of malpractice, including law professors and economists, feel that Medical Malpractice will be an essential reference to anyone interested in medical malpractice.