The Medical Malpractice Myth

by Baker, Tom

• ISBN13: 9780226036496
• ISBN10: 0226036499
• Edition: 1st
• Format: Paperback
• Copyright: 2007-08-01
• Publisher: Univ of Chicago Pr

Summary

American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are skyrocketing, rendering doctors both afraid and unable to afford to practice medicine. Undeserving victims sue at the drop of a hat, egged on by greedy lawyers, and receive eye-popping awards that insurance companies, hospitals, and doctors themselves struggle to pay. The plaintiffs and lawyers always win; doctors, and the nonlitigious, always lose; and affordable health care is the real victim. This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offersThe Medical Malpractice Myth, a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually too much medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Point by point, Bakera leading authority on insurance and lawpulls together the research that demolishes the myths that have taken hold and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability. The Medical Malpractice Mythis a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.

Author Biography

Tom Baker is the Connecticut Mutual Professor of Law and director of the Insurance Law Center at the University of Connecticut School of Law. Coeditor of Embracing Risk: The Changing Culture of Insurance and Responsibility, published by the University of Chicago Press, Baker has also worked as a consultant to insurance companies and law firms.

Table of Contents

The Medical Malpractice Myth

We Have an Epidemic of Medical Malpractice, Not Malpractice Lawsuits

We Have an Insurance Crisis, Not a Tort Crisis

The Malpractice Insurance Companies’ Secret

Why We Need Medical Malpractice Lawsuits

The Goods on Defensive Medicine

Dr. Bill May Be Gone, But Dr. Jane Is Here to See You

Evidence-Based Medical Liability Reform

Acknowledgments

Notes

References

Index

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