Resolving the medical malpractice crisis: Fairness considerations
This paper begins by explaining why fairness is an important consideration in responding to the current malpractice crisis. It then defines fairness in the context of a medical malpractice system and describes the characteristics of an optimally fair approach. After comparing this model with the current malpractice system, the paper considers whether any of the reforms that are being proposed would produce a fairer result, and also addresses the fairness of the reform process itself. It concludes by discussing the appropriateness of sacrificing fairness for other societal objectives.
Mehlman, Maxwell J., "Resolving the medical malpractice crisis: Fairness considerations" (2003). Faculty Publications. 1315.