‘The Myths and Reality of Tort Reform’

Charles Silver, David A Hyman, and Bernard Black, Fictions and Facts: Medical Malpractice Litigation, Physician Supply, and Health Care Spending in Texas Before and After HB 4, Texas Tech Law Review (forthcoming), available at SSRN. It is difficult to convene a discussion of cost containment in health care without someone calling for tort reform. In the view of many in the medical community and the general public, malpractice suits play a key role in driving up health care costs. Litigation is expensive, and the threat of being sued causes doctors to order lots of unnecessary tests – the defensive medicine problem. Tort reform also is popular with elected officials. Most states have caps on damages; pre-trial medical review panels are common too … (more)

[David Orentlicher, JOTWELL, 11 March]

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