Reputation, Malpractice Liability, and Medical Error

Abstract

Health care providers have strong feelings about medical malpractice litigation, feelings that often seem at odds with measurable characteristics of the malpractice system. These (mis)perceptions influence the delivery of health care, and are therefore socially important notwithstanding their subjectivity. This speculative essay traces such paradoxes of malpractice policy to the concept of reputation, examining both historical trends and potential future developments such as enterprise liability.

Keywords: medical malpractice, physician, tort, reputation, norms

JEL Classification: I18, K13, K32, K41