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How often are patients seriously injured through faulty medical care? And what proportion of these people receive compensation for their injuries and suffering? This is the first book that tries to answer these questions in a careful, scholarly way. Among its important findings is that at most one in ten patients injured through medical negligence receives compensation through the malpractice system. The focus of public attention has been on the rising cost to physicians of malpractice insurance. Although Patricia Danzon analyzes this question thoroughly, her view is much broader, encompassing the malpractice system itself--the legal process, the liability insurance markets, and the feedback to health care. As an economist, she is concerned with the efficiency or cost-effectiveness of the system from the point of view of its three social purposes: deterrence of medical negligence, compensation of injured patients, and the spreading of risk. To provide evidence of the operation of the system in practice, to distinguish fact from allegation, and to evaluate proposals for reform, she has undertaken a detailed empirical analysis of malpractice claims and insurance markets. It is a major contribution to our understanding of how the system works in practice and how it might be improved.

Tabla de contenidos provista por Syndetics

• Introduction
• I Framework And Evidence
• 1 Tort Liability as a System of Quality Control
• 2 Malpractice: A Problem of Injuries or Claims?
• 3 The Disposition of Malpractice Claims
• 4 The Frequency and Severity of Malpractice Claims
• II Issues In Medical Malpractice Insurance
• 5 The Malpractice Insurance Market
• 6 The 1975 Insurance Crisis: Causes and Solutions
• 7 Insurance versus Prevention: The Optimal Trade-off
• III Reforms and Alternatives
• 8 The Standard of Care
• 9 Size and Structure of Awards
• 10 The Statute of Limitations
• 11 Costs of Litigation
• 12 Alternatives: Private Contract and No-Fault
• Summary and Conclusions
• Abbreviations
• References
• Notes
• Index

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CHOICE Review

Danzon, an economist at Duke, has written the definitive work on the topic of medical malpractice. She provides a thorough discussion of relevant economic theory, empirical evidence, and public policy implications of this most important problem. Malpractice rates have increased an average of 20 to 30 percent a year and more than 50 percent a year in some states during the 1980s. This careful, scholarly book refutes many previous assumptions about the problem. For example, Danzon shows that only one in ten patients injured through medical negligence files a suit and only one in twenty-five receives compensation through the system. Although technical and scholarly, the volume is very well written and documented. A must acquisition for all academic libraries supporting advanced undergraduate and graduate programs in economics, health administration, public health, medicine and law.-M.D. Fottler, University of Alabama in Birmingham