The Poor State of Health Care Quality in the U.S.: Is Malpractice Liability Part of the Problem or Part of the Solution?
The conventional wisdom among patient safety advocates and legal scholars is that medical malpractice lawsuits impede efforts to improve health care quality bry encouraging providers to hide mistakes. This belief provides the normative basis for ongoing state and federal efforts to curtail medical malpractice exposure. Groups pressing for tort reform, including the American Medical Association, contend that when doctors and […]
In a series of stunning decisions handed down in the last few years, the European Court of Human Rights (ECHR) has condemned the decisionmaking procedures traditionally used by the French Supreme Courts (i.e., the Cour de cassation and the Conseil d’Etat). This Article traces and critiques this developing ‘fair trial”jurisprudence, which has also resulted in the condemnation of the supreme […]