An Analysis of the Law of Negligence and the Medical Malpractice Crisis
Kroot, Kenneth A.
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As medical malpractice falls within the legal domain of the tort liability system, when conducting a thoroughgoing study of the malpractice crisis and its possible solutions, one is immediately led to an examination of the philosophical, moral and legal notions of responsibility and liability which are at the foundation of our civil law. Moreover, the malpractice dilemma in medicine is not only a legal issue, but a political one as well. Although the number of malpractice suits and the size of malpractice awards have not been overly excessive in relation to certain other areas of tort liability, over the past several years there has been a phenomenal rate of increaseing both the frequency and severity of malpractice claims and awards. This has resulted in a variety of difficulties for the entire health care delivery system. Consequently, as health care has become such an integral part of the lives of all Americans, the malpractice problem has become a public issue and entered the political arena. Being an area in which disputes are traditionally resolved within the tort liability system and which has become an issue in the political realm as well, one may expect the crisis in medical malpractice to have an important impact on the legal system itself. In fact, a great number of methods have been proposed as alternatives to the way in which malpractice claims have traditionally been dealt with in the legal system, and legislation in this area clearly has had, and will continue to have, a profound effect on the tort liability system. It is to the justifiability and legitimacy of these fundamental and structural changes in the tort system to help resolve the medical malpractice crisis which I would like to focus my attention in this thesis.If you are not a current K College student, faculty, or staff member, email email@example.com to request access to this SIP.Missing p. 69.