Part I of this Note examines the broad, underlying themes of tort theory and argues that, in general, the tort system's primary responsibility should be compensation, rather than deterrence of risk taking. In so far as the production of goods and services causes injury, such losses should be shared and spread as widely and proportionately as possible. Part II discusses the history and nature of the medical malpractice insurance crisis. Part III evaluates the numerous systemic solutions suggested by various commentators. Finally, Part IV proposes a new solution: first party, no-fault medical maloccurrence insurance (MMI).
Larry M. Pollack,
Medical Maloccurrence Insurance: A First Party No-Fault Insurance Proposal for Resolving the Medical Malpractice Insurance Controversy,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol20/iss4/11