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 … damages may unpredictably lead to a catastrophic jury verdict against physicians, and the joint and several liability rules …

two areas determine whether the defendant — a doctor or other provider of medical care — will enter into liability for … medical malpractice. For exits from that liability, the system fashions narrowly tailored rules, which it generally (but not … courts a virtually exclusive power to formulate rules that allow a negligent care provider to escape liability for …

. This conclusion holds whether patients negotiate liability contracts directly with individual physicians or accept standard …Contractual liability proponents claim that states can best reform malpractice liability by allowing patients to … contract over, and out of, liability. Proponents assert that informed patients would be better off if allowed to contract over …

The article seeks to explore previously undiscussed differences between the negligence and strict liability rules and … thereby examine the required medical liability reform, if such reform is indeed required. Our main thesis is that negligence … as a basis for liability entails a unique mechanism, which is essentially different than the strict liability mechanism …

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 …, including malpractice, assumes that the primary function of liability is injury prevention (deterrence). Compensation can be …

Liability Monitor over 1990 to 2017. A number of core findings are not easily explained by standard economic theory. First, we …