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 …

determine whether patient negligence should be considered in litigation. The project examines the line at which a physician’s … owe themselves. In this collaboration, the authors imagine and unpack a new theory of trust; one which is animated by tort … theory, and reads reasonableness and bi-directionality into the trust relationship. In setting the tone of the paper, the …

. 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 …

doctor. Non-negligent drivers impose risk on others without being liable for it. When liability externalities are mainly … negative as with driving, liability should increase beyond full compensation to discourage the activity. Unlike pedestrians … some kinds of doctors to convey more positive than negative externalities on their patients. Increasing liability for these …

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 …

Apologies made by physicians for adverse medical events have been identified as a mitigating factor in whether patients … apology law, which specifies that a physician’s apology is inadmissible in court, is written to encourage patient …