Medical Malpractice Litigation
“Drawing on an unusually rich trove of data, the authors have refuted more politically convenient myths in one book than most academics do in a lifetime.” —NICHOLAS BAGLEY, professor of law, University of Michigan Law School Over the past 50 years, the United States experienced three major medical malpractice crises, each marked by dramatic increases in the cost of malpractice liability insurance. These crises fostered a vigorous politicized debate about the causes of the premium spikes and the impact on access to care and defensive medicine. State legislatures responded to the premium spikes by enacting damages caps on noneconomic, punitive, or total damages, and Congress has periodically debated the merits of a federal cap on damages. Yet the intense political debate has been marked by a shortage of evidence, as well as misstatements and overclaiming. The public is confused about answers to some basic questions. What caused the premium spikes? What effect did tort reform actually