Should the level of liability imposed on an injurer be based on the harm he caused or instead on the gain he obtained … from engaging in the harmful act? The main point of this article is that there is a strong reason to favor liability based … significantly exceeds his gain. The general superiority of harm-based liability is shown to hold under the rules of negligence and …

evidence has been put forth to date bearing on the relationship between medical liability forces on the one hand and medical …--e.g., damage caps--we estimate that the current liability system plays at most a modest role in inducing higher levels of health … care quality. We contend that this limited independent role for medical liability may be a reflection upon the structural …