In the Shadow of Litigation: Arbitration and Medical Malpractice Reform

Pleas for reform of the legal system are common. One area of the legal system which has drawn considerable scholarly attention is the jury system. Courts often employ juries as fact-finders in civil cases according to the Seventh Amendment of the Constitution: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved … .” The general theory behind the use of juries is that they are the most capable fact-finders and the bestsuited tribunal for arriving at the most accurate and just outcomes. This idea, however, has been under attack, particularly by those who claim that cases involving certain difficult issues or types of evidence are an inappropriate province for lay jurors who typically have no special background or experience from which to make informed, fair decisions.The legal system uses expert witnesses to assist triers of fact in understanding issues which are beyond their common knowledge or difficult to comprehend.

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Medical Malpractice Reform: Noneconomic Damages Caps Reduced Payments 15 Percent, With Varied Effects By Specialty

Health Affairs ◽

10.1377/hlthaff.2014.0492 ◽

2014 ◽

Vol 33 (11) ◽

pp. 2048-2056 ◽

Cited By ~ 18

Author(s):

Seth A. Seabury ◽

Eric Helland ◽

Anupam B. Jena

Keyword(s):

Medical Malpractice ◽

Malpractice Reform ◽

Noneconomic Damages

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Medical Malpractice Reform

Social Issues in America: An Encyclopedia ◽

10.4324/9781315700724-104 ◽

2015 ◽

pp. 1118-1127

Keyword(s):

Medical Malpractice ◽

Malpractice Reform

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The Impact of Medical Malpractice Reforms

Annual Review of Law and Social Science ◽

10.1146/annurev-lawsocsci-060120-093911 ◽

2020 ◽

Vol 16 (1) ◽

pp. 405-419

Author(s):

Jing Liu ◽

David A. Hyman

Keyword(s):

Medical Malpractice ◽

Defensive Medicine ◽

Physician Supply ◽

Claim Frequency ◽

Malpractice Reform ◽

The Impact

This article evaluates the effects of medical malpractice reform on claiming, malpractice premiums, physician supply, and defensive medicine. We conclude that damage caps materially reduce claim frequency, payouts per claim, and total payouts. The effects of damage caps on malpractice premiums, physician supply, and defensive medicine are more modest. It is difficult to quantify the impact of reforms other than damage caps—partly because reforms are typically adopted as a package deal, and partly because of the limitations of the available data. We close by identifying three areas that would benefit from more research.

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When Consent Does Not Help

American Journal of Law & Medicine ◽

10.1177/0098858817753405 ◽

2017 ◽

Vol 43 (4) ◽

pp. 388-425 ◽

Cited By ~ 2

Author(s):

Hindi E. Stohl

Keyword(s):

Informed Consent ◽

Pregnant Women ◽

Cesarean Delivery ◽

Medical Malpractice ◽

Reproductive Rights ◽

Vaginal Birth ◽

Legal Remedy ◽

Malpractice Reform

Pregnant women with a prior cesarean delivery face challenges in accessing a vaginal birth due to both hospital and provider preferences and practices. Although the doctrine of informed consent secures women's reproductive rights, it is not a viable legal remedy. Instead, women should champion increased maternity-related education and transparency as well as medical malpractice reform to increase the desired access.

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