LAW AND CONTEMPORARY PROBLEMS

Abstract

For the third time, Law and Contemporary Problems is devoting its attention to the topic of medical malpractice. The first medical malpractice issue of Law and Contemporary Problems explored how paradigms from contract law and private regulation of risk could be better incorporated into existing tort principles to improve the workings of the malpractice system or improve the quality of medical care. The second issue focused on legislative reforms and initiatives that were being actively considered and in some cases implemented by state legislatures or the Congress. This issue reports on the growing influence of outside forces on the malpractice system. Prior to the 1990s, interest in malpractice law was driven almost exclusively by the perception among medical care providers of a “crisis” in malpractice. The crisis mentality resulted in extensive legislative debates relating to a host of reform issues. Throughout the mid-1970s and 1980s, political interest and legislative activity in this area was high. Although the reform mentality has definitely cooled over the past few years, like a dormant volcano, the potential of another eruption remains ever possible should insurance rates or claims spike upwards. This current period of dormancy is due, in large part, to the general availability of malpractice insurance—the fuel for past tort reform efforts supported by physicians—at relatively constant if not decreasing costs. Over this same period, malpractice-specific legislation has also decreased, which may be due to the medical establishment’s resignation that tort reform

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