The Leapfrog Standards: Ready to Jump from Marketplace to Courtroom?

Posted: 29 May 2003

See all articles by Michelle M. Mello

Michelle M. Mello

Stanford Law School; Department of Medicine

David M. Studdert

Harvard University - T.H. Chan School of Public Health

Troyen A. Brennan

Harvard School of Public Health/Harvard Medical School/Brigham and Women's Hospital

Abstract

The Leapfrog Group, a consortium of large employers, aims to use its collective purchasing power to motivate hospitals to implement particular measures designed to improve patient safety and the quality of care. While these criteria are meant to be purely aspirational, and while Leapfrog's effort is praiseworthy, we caution that the articulation of these standards of care may have unintended legal consequences. Efforts by aggressive medical malpractice attorneys could rapidly transform Leapfrog's standards from marketplace advantages for compliant hospitals to performance expectations required by law. This undesirable potential outcome compounds the importance of selecting these standards with the utmost care.

Suggested Citation

Mello, Michelle M. and Studdert, David M. and Brennan, Troyen A., The Leapfrog Standards: Ready to Jump from Marketplace to Courtroom?. Available at SSRN: https://ssrn.com/abstract=400221

Michelle M. Mello

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
650-725-3894 (Phone)

HOME PAGE: http://https://law.stanford.edu/directory/michelle-m-mello/

Department of Medicine ( email )

Center for Health Policy / PCOR
Encina Commons
Stanford, CA 94305
United States

HOME PAGE: http://https://profiles.stanford.edu/michelle-mello?tab=bio

David M. Studdert (Contact Author)

Harvard University - T.H. Chan School of Public Health ( email )

677 Huntington Avenue
Department of Health Policy and Management
Boston, MA 02115
United States
617-432-5209 (Phone)
617-432-4494 (Fax)

Troyen A. Brennan

Harvard School of Public Health/Harvard Medical School/Brigham and Women's Hospital ( email )

75 Francis St.
Executive Offices, PBB4
Boston, MA 02115
617-732-8961 (Phone)
617-732-5343 (Fax)

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