The Medical Malpractice System Structure and Performance

Abstract

Few aspects of American law provoke as impassioned a public debate as medical liability. Physicians, insurers, lawyers, consumer groups, and politicians frequently clash over the effectiveness, fairness, and costs of the medical liability system, with the din reaching a crescendo during periods of “malpractice crisis.” Notwithstanding the high degree of civic engagement on this issue, evidence suggests that the medical liability system and its effects on health care are not well understood by the public. In a recent poll, a majority of respondents expressed a belief that malpractice suits were effective in preventing medical errors and making doctors take better care of their patients, but a..