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You are here > Home > Reading Lists > Law & Compliance > The Medical Malpractice Myth

The Medical Malpractice Myth
Tom Baker

Hardcover: 208 pages
ISBN 0226036480
University of Chicago Press
December 2005
(click button below for the very best currently available price for this important resource)

Softcover: 222 pages
ISBN 0226036499
978-0226036496
University of Chicago Press
August 2007
(click button below for the very best currently available price for this important resource)

"The best attempt to synthesize the academic literature on medical malpractice is Tom Baker's The Medical Malpractice Myth.... [Baker] argues that the hype about medical malpractice suits is 'urban legend mixed with the occasional true story, supported by selective references to academic studies.'... If anything, there are fewer lawsuits than would be expected, and far more injuries than we usually imagine." - Slate

"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 an echo of what doctors and many politicians 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." - Reed Business Information, 2005

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.

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 non-litigious, 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.

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