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- Title
CONTRACTUAL REVISIONS TO MEDICAL MALPRACTICE LIABILITY.
- Authors
GINSBURG, WILLIAM H.; KAHN, STEVEN J.; THORNHILL, MICHAEL C.; GAMBARDELLA, STEVEN C.
- Abstract
The article discusses the need to revise traditional contractual limitations to medical malpractice liability to make it more enforceable in view of some changing economic realities. According to the article traditional policy assertions were predisposed to reject contractual redefinition of liability because most of these attempts were one sided efforts by health care providers to completely exculpate itself from tort liability. As such, this reality should lead to a different view by legislatures and courts and allow enforcement of reasonable contractual revisions to medical malpractice liability and tort recoveries. At issue to this revision is reasonable limits, which should promote public policy, provide more affordable health care and freedom of choice by consumers.
- Subjects
CONTRACTS; MEDICAL malpractice; LEGAL liability; TORTS; MEDICAL laws; LAW reform
- Publication
Law & Contemporary Problems, 1986, Vol 49, Issue 2, p253
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191426