Patients in the United States are routinely undertreated for pain. This problem has been widely recognized and documented in medical literature. In a seminal medical study of end-of-life care, researchers found that 50% of all patients who died during hospitalization quot;experienced moderate or...

In recent years, a tremendous amount of attention has been focused on the need to improve pain management, particularly in the context of treating pain at the end of life. One significant catalyst for this heightened focus on pain management was litigation to legalize the choice for...

Previous literature indicates that non-economic damages caps increase the number of physicians but finds no significant effect on health. A potential explanation is that, by reducing the cost of malpractice, caps affect physicians’ incentives to provide high quality care, an important...

If medical malpractice reform affects the supply of physicians, the effects will be concentrated in specialties facing high liability exposure. Many doctors are likely to be indifferent regarding reform, because their likelihood of being sued is low. This difference can be exploited to isolate...

Although the most visible manifestations of medical malpractice involve patient safety and the legal process, the availability and affordability of liability insurance largely determine the direction of medical malpractice policy. Scientific and industrial developments since the first modern...

In the early years of the Twenty-First Century, it was widely speculated that massive, multi-purpose hospitals were becoming the 'dinosaurs' of health care, to be largely replaced by community-based clinics providing specialty services on an outpatient basis. Hospitals, however, have roared back...

In the Food and Drug Administration Amendments Act of 2007 (FDAAA), Congress enacted what some scholars have described as the most significant revisions to federal drug regulations in more than fifty years. In particular, the FDAAA provided the U.S. Food and Drug Administration (FDA) with...

This article is about the pharma patent litigation sparked by Lundbeck’s blockbuster drug for 'escitalopram', a drug used for treating depression and generalized anxiety disorder. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court,...

This online appendix contains additional results for Black, Wagner, and Zabnski (2016), The Association between Patient Safety Indicators and Medical Malpractice Risk: Evidence from Florida and Texas. The underlying article is available from SSRN at http://ssrn.com/abstract=2470370

The free public services doctrine (also known as the municipal cost recovery rule) states that a government entity may not recover from a tortfeasor the costs of public services occasioned by the tortfeasor's wrongdoing. This article traces the history of the doctrine and argues for its...