The Shame of Medical Malpractice


Much of the rhetoric surrounding medical malpractice reform claims to address the unfairness of the current system. A 2003 report entitled Resolving the Medical Malpractice Crisis: Fairness Considerations identified factors that would make the system fair or unfair, analyzed the current system in light of these factors, and considered which reforms would make the system fairer.

This article shifts the inquiry from objective to subjective fairness, that is, from reality to perception. Many physicians feel that the current system is unfair. Why? What is it about the current system that they feel is unfair?


Health Law, Malpractice

Publication Date


Document Type


Place of Original Publication

Journal of Legal Medicine

Publication Information

27 Journal of Legal Medicine 17 (2006)

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COinS Maxwell J. Mehlman Faculty Bio