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The Medical Malpractice Myth

by Tom Baker

The Medical Malpractice Myth Cover

 

Synopses & Reviews

Publisher Comments:

American health care is in crisis because of exploding medical malpractice litigation. Insurance premiums for doctors and malpractice lawsuits are skyrocketing, rendering doctors both afraid and unable to afford to continue to practice medicine. Undeserving victims sue at the drop of a hat, egged on by greedy lawyers, and receive eye-popping awards that insurance companies, hospitals, and doctors themselves struggle to pay. The plaintiffs and lawyers always win; doctors, and the nonlitigious, always lose; and affordable health care is the real victim.

This, according to Tom Baker, is the myth of medical malpractice, and as a reality check he offers The Medical Malpractice Myth, a stunning dismantling of this familiar, but inaccurate, picture of the health care industry. Are there too many medical malpractice suits? No, according to Baker; there is actually a great deal more medical malpractice, with only a fraction of the cases ever seeing the inside of a courtroom. Is too much litigation to blame for the malpractice insurance crisis? No, for that we can look to financial trends and competitive behavior in the insurance industry. Are these lawsuits frivolous? Very rarely. Point by point, Baker—a leading authority on insurance and law—pulls together the research that demolishes the myths that have taken hold about medical malpractice and suggests a series of legal reforms that would help doctors manage malpractice insurance while also improving patient safety and medical accountability.

President Bush has made medical malpractice reform a priority in his last term in office, but if history is any indication, legislative reform would only worsen the situation and perpetuate the gross misunderstanding of it. The debate surely will be transformed by The Medical Malpractice Myth, a book aimed squarely at general readers but with radical conclusions that speak to the highest level of domestic policymaking.

Review:

"In January 2005, President Bush declared the medical malpractice liability system 'out of control.' The president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years — that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, director of the Insurance Law Center at the University of Connecticut School of Law, to puncture 'the medical malpractice myth' with a talent for reasoned argument and incisiveness. He counters that the real problem is 'too much medical malpractice, not too much litigation,' and that the cost of malpractice is lost lives and the 'pain and suffering of tens of thousands of people every year' — most of whom do not sue. Baker argues that the rise in medical premiums has more to do with economic cycles and the competitive nature of the insurance industry than runaway juries. Finally, Baker offers an alternative in the form of evidence-based medical liability reform that seeks to decrease the incidence of malpractice and also protect doctors from rising premium costs. Having worked with insurance companies, law firms and doctors, Baker brings experience and perspective to his book, which is sure to be important and controversial in future debates." Publishers Weekly (Copyright Reed Business Information, Inc.)

Synopsis:

Tom Baker offers a stunning dismantling of familiar stereotypes about medical malpractice lawsuits by presenting research that completely disproves the myths of greedy lawyers, undeserving victims, and unfairly skyrocketing insurance premiums.Tom Baker offers a stunning dismantling of familiar stereotypes about medical malpractice lawsuits by presenting research that completely disproves the myths of greedy lawyers, undeserving victims, and unfairly skyrocketing insurance premiums.

About the Author

Tom Baker is Professor of Law at the University of Pennsylvania Law School and coeditor of Embracing Risk: The Changing Culture of Insurance and Responsibility, published by the University of Chicago Press. Baker has also worked as a consultant to insurance companies and law firms.

Table of Contents

1. The Medical Malpractice Myth   

2. We Have an Epidemic of Medical Malpractice, Not Malpractice Lawsuits   

3. We Have an Insurance Crisis, Not a Tort Crisis 

4. The Malpractice Insurance Companies Secret    

5. Why We Need Medical Malpractice Lawsuits      

6. The Goods on Defensive Medicine

7. Dr. Bill May Be Gone, But Dr. Jane Is Here to See You 

8. Evidence-Based Medical Liability Reform

Acknowledgments

Notes  

References     

Index

Product Details

ISBN:
9780226036489
Author:
Baker, Tom
Publisher:
University of Chicago Press
Subject:
Economics
Subject:
Medical Law & Legislation
Subject:
Malpractice
Subject:
Physicians
Subject:
Economics, Medical -- United States.
Subject:
Physicians -- Malpractice -- United States.
Subject:
Law-Legal Guides and Reference
Copyright:
Edition Description:
Hardcover
Publication Date:
20051231
Binding:
HARDCOVER
Grade Level:
General/trade
Language:
English
Illustrations:
2 charts
Pages:
222
Dimensions:
9 x 6 in

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The Medical Malpractice Myth Used Hardcover
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Product details 222 pages University of Chicago Press - English 9780226036489 Reviews:
"Publishers Weekly Review" by , "In January 2005, President Bush declared the medical malpractice liability system 'out of control.' The president's speech was merely an echo of what doctors and politicians (mostly Republicans) have been saying for years — that medical malpractice premiums are skyrocketing due to an explosion in malpractice litigation. Along comes Baker, director of the Insurance Law Center at the University of Connecticut School of Law, to puncture 'the medical malpractice myth' with a talent for reasoned argument and incisiveness. He counters that the real problem is 'too much medical malpractice, not too much litigation,' and that the cost of malpractice is lost lives and the 'pain and suffering of tens of thousands of people every year' — most of whom do not sue. Baker argues that the rise in medical premiums has more to do with economic cycles and the competitive nature of the insurance industry than runaway juries. Finally, Baker offers an alternative in the form of evidence-based medical liability reform that seeks to decrease the incidence of malpractice and also protect doctors from rising premium costs. Having worked with insurance companies, law firms and doctors, Baker brings experience and perspective to his book, which is sure to be important and controversial in future debates." Publishers Weekly (Copyright Reed Business Information, Inc.)
"Synopsis" by , Tom Baker offers a stunning dismantling of familiar stereotypes about medical malpractice lawsuits by presenting research that completely disproves the myths of greedy lawyers, undeserving victims, and unfairly skyrocketing insurance premiums.Tom Baker offers a stunning dismantling of familiar stereotypes about medical malpractice lawsuits by presenting research that completely disproves the myths of greedy lawyers, undeserving victims, and unfairly skyrocketing insurance premiums.
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