Rapid increases in health care costs have prompted business and government to impose
cost containment measures that, in turn, pressure physicians to provide less care …

For decades, medicine has been dominated by a “spare-no-expense''philosophy that
fostered an ethic of providing all care that is of any conceivable benefit, regardless of the …

Professor Furrow analyzes the interaction of health care cost containment with tort doctrine
and the tort process. He demonstrates that both tort law and medical decisionmaking have …

After a decade and a half of quiet slumber, medical malpractice litigation is once again
becoming an area of significant interest in health policy. This is a result of two larger themes …

According to the prevailing discourse in health policy circles, America's medical system is in
the grips of two" crises": one of health care spending and one of medical malpractice liability …

Traditionally, physician malpractice has been adjudicated under a negligence rule in
tort.'The negligence rule can be described as imposing liability for patient injury upon a …

As the explosion in health care costs has led to serious efforts at cost containment, concerns
have been raised that some of the methods used to contain costs may cause more harm …

The current relationship of malpractice law to decisions to ration health care may readily be
summarized: unless it can be shown that at least a" respectable minority" of practitioners in …

Life is uncertain. People continually make important decisions unsure of the correct course
of action. They investigate the matter, consult with others, and assess various options. Then …

Despite all the commentary in recent decades by various in-terest groups and politicians
regarding the link between the medical-liability system and health-care spending, 1 the …