Malpractice reforms: are they fair?
In the debate over medical malpractice reform, the dimension of fairness often is invoked but is poorly understood. This article describes the factors that promote fairness in public policy and then examines whether proposed or enacted tort reforms would be fair. It finds that many of the reforms that are being promoted by perinatologists would be unfair; however, some reforms, including one broad-ranging proposal that was put forward by the Institute of Medicine, could satisfy fairness criteria depending on how they were implemented.
Mehlman
Maxwell J
MJ
The Law-Medicine Center, Case Western Reserve University School of Law, 11075 East Boulevard, Cleveland, OH 44106-7148, USA. mjm10@po.cwru.edu
D035881:Compensation and Redress / Q000331:legislation & jurisprudence; D018166:Health Care Reform / Q000458:organization & administration*; D006801:Humans; D007351:Insurance, Liability; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence*; D014481:United States