Cloth $22.50 ISBN: 9780226036489 Published December 2005
Paper $14.00 ISBN: 9780226036496 Published August 2007
E-book $7.00 to $14.00 About E-books ISBN: 9780226036502 Published September 2008

The Medical Malpractice Myth

Tom Baker

The Medical Malpractice Myth
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Tom Baker

222 pages | 2 charts | 6 x 9 | © 2005
Cloth $22.50 ISBN: 9780226036489 Published December 2005
Paper $14.00 ISBN: 9780226036496 Published August 2007
E-book $7.00 to $14.00 About E-books ISBN: 9780226036502 Published September 2008
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.

“Finally someone has demonstrated how complex this challenge really is. Narrow, facile answers won’t solve the problem.”--Senator Richard J. Durbin, Assistant Democratic Leader, United States Senate



“An outstanding accomplishment—accurate, reader-friendly, and highly relevant to the current debate about tort reform. Tom Baker has done a marvelous job confronting existing medical malpractice myths, and, though his proposal for medical liability reform will no doubt meet resistance on a number of fronts, it will certainly provoke discussion.”--Neil Vidmar, Russell M. Robinson II Professor of Law, Duke Law School, and author of Medical Malpractice and the American Jury



The Medical Malpractice Myth is a terrific book that succeeds fully in realizing its basic goals of offering an accessible debunking of the medical malpractice myth, redefining the key problems at stake related to medical malpractice, and pointing the way toward more effective and politically appealing reform policies that address the ‘real’ issues. Tom Baker’s work has a far better chance for generating a wide readership and public influence than any other book on the topic.”--Michael McCann, Gordon Hirabayashi Professor for the Advancement of Citizenship, University of Washington, and coauthor of Distorting the Law



"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


"Baker (director, Insurance Law Ctr., Univ. of Connecticut Sch. of Law) has written a serious text, the central thesis of which is that there is 'an epidemic of medical malpractice, not malpractice lawsuits.' Citing major studies mostly from medical and legal literature, he debunks a litany of perceived myths around malpractice lawsuits and convincingly makes the case that malpractice lawsuits actually improve patient care and that big payments are the rare exception, not the rule. His stated goal is to reframe the discussion about medical malpractice lawsuits, and in each of the eight chapters, he covers both the myth and the reality of medical malpractice. . . .Well researched with more than ten pages of references, Baker's timely book is appropriate for public, medical, and academic libraries."--Library Journal


""The Medical Malpractice Myth tackles its complex and multi-layered subject concisely and elegantly. . . . One of the book's greatest strengths is its interweaving of legal, medical, and political perspectives, which will, Baker hopes, facilitate substantitve discussion and foster understanding between medical and legal communities. . . . Baker's approach is both comprehensive and heavily evidence based. . . . There are no polemics here, just a concentrated dose of facts and common sense. Highly recommended for doctors and anyone else interested in cutting through the noise machine that mostly surrounds the medical malpractice debate."—Kevin Drum



"Baker studies the history, statistics, economics, politics, and rhetoric of the medical malpractice debate. He writes a clear, concise summary of perceptions and reality, what is true and not true. It's a highly readable, informative book."


"The best attempt to synthesize the academic literature on medical malpractice is Tom Baker's The Medical Malpractice Myth."—Ezra Klein, slate.com


"Baker deftly counters the 'malpractice myth.' It will be difficult for anyone who reads the book to join uncritically the tort reformers' parade."


"Baker very effectively connects the legal arguments and the insurance and litigation data to his broader points about the politics of tort reform. Baker's style is concise, lively, and very readable. . . . The book is aimed at and accessible to a general audience, but it will also prove interesting and informative to lawyers, and to legal, medical and public health academics."—Barbara A. Noah, Law and Politics Book Review


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
For more information, or to order this book, please visit http://www.press.uchicago.edu
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