Medical Malpractice
Doctors, medical liability insurers and Chambers of Commerce blame rising insurance premiums on the American tort system. Consumer groups and trial lawyers deny these assertions and argue that the problem lies with the high incidence of medical malpractice and recurrent fluctuations in the insurance business cycle. This novel research seminar will explore the continuing controversy over proposed solutions to this alleged crisis and provide students the opportunity to analyze the issue through empirical research. At the beginning of the seminar the two professors will explore the genesis and dynamics of medical malpractice litigation, supplemented by guest lectures from doctors and legal practitioners. After a basic background is established, the two professors and the seminar students will collaboratively plan and conduct one or more original empirical research studies bearing on tort reforms, possibly resulting in publishable law review articles. Possible studies include (a) the effects of caps on doctors' liability premiums; (b) cap effects on women, the elderly and racial minorities who are alleged by some to be disadvantaged by caps; (c) cap effects on equitable treatment between patients with lesser versus greater injuries and (d) effects of changes in collateral source rules on case filings and litigation outcomes.
Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.