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
Place of Original Publication
Journal of Legal Medicine
27 Journal of Legal Medicine 17 (2006)
Mehlman, Maxwell J., "The Shame of Medical Malpractice" (2006). Faculty Publications. 500.