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Article
Medical Malpractice (book review)
Journal of Legal Medicine (2011)
  • Robert B Leflar
Abstract
This is a review of Medical Malpractice, by Frank Sloan and Lindsey Chepke. This superb book provides a balanced, comprehensive, factual overview of the structure, flaws, and merits of the U.S. legal system relating to malpractice; the causes of cyclical insurance pricing and availability difficulties; ameliorative initiatives both implemented and proposed; and the political considerations affecting the achievability of leading reform proposals. The authors' evidence-based stances will discommode many participants in the malpractice debate, physicians and trial lawyers alike. The book debunks widely-held "myths of medical malpractice" propounded by medical tort reformers. However, the authors also conclude that "no convincing empirical evidence" exists to support trial lawyers' claims that the threat of malpractice claims makes providers more careful. Reviewing studies of state reforms of malpractice law over the last two decades, the authors note that only one reform has been effective in reducing insurance premiums by diminishing the frequency and severity of malpractice claims: caps on damages. The authors oppose this approach due to its adverse impact on the seriously injured. Their most important reform recommendation is to shift the focus of medical liability away from individual physicians to the hospitals in which those physicians practice.
Keywords
  • Sloan & Chepke,
  • book review,
  • tort reform,
  • liability insurance
Publication Date
2011
Citation Information
Robert B Leflar. "Medical Malpractice (book review)" Journal of Legal Medicine Vol. 32 (2011)
Available at: http://works.bepress.com/rbleflar/6/