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. This conclusion holds whether patients negotiate liability contracts directly with individual physicians or accept standard …
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States have been enacting tort reforms to reduce the liability of physicians conducting malpractice. However, tort … reform may create a moral hazard because physicians may take less care due to reduced liability. This paper investigates … of physicians as well as patients. I look at insurers' post-reform revisions on loss reserves, which were the overall …
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This Article introduces a novel methodology for understanding medical malpractice law and guiding its reform. I divide the legal rules that apply in medical malpractice cases into four basic categories: “entry rules,” “exit rules,” “treatment rules,” and “setup rules.” The first...
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Physicians are traditionally liable under a negligence rule of liability. Economic analysis of liability rules … physicians is sued per year. These discrepancies between the theory and actual operation of the negligence system arise primarily … incentives for physicians to practice defensive medicine and incentives for plaintiffs and defendants to invest in litigation …
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