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  3. Journal of Economic Perspectives
  4. Summer 1991
  5. Liability for Medical Malpractice

Journal of Economic Perspectives

ISSN 0895-3309 (Print) | ISSN 1944-7965 (Online)

Liability for Medical Malpractice

  • Patricia M. Danzon
Journal of Economic Perspectives
vol. 5, no. 3, Summer 1991
(pp. 51–69)
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Abstract

Physicians and other medical providers are subject to a negligence rule of liability. In a simple model, with perfect information and homogeneous physicians, a negligence rule of liability with an appropriately defined due care standard should induce complete compliance: there should be no malpractice, no malpractice claims, and no demand for malpractice insurance. The malpractice experience is seriously at odds with this prediction. First, what goes wrong? Second, if the system does indeed operate imperfectly, does it yield benefits in terms of injuries deterred that outweigh the high overhead costs of operating a liability system?

Citation

Danzon, Patricia M. 1991. "Liability for Medical Malpractice." Journal of Economic Perspectives, 5 (3): 51–69. DOI: 10.1257/jep.5.3.51

JEL Classification

  • K13 Tort Law and Product Liability
  • I11 Analysis of Health Care Markets
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