This study examines the impact of tort reform on minority access to medical care. Past research has investigated tort reform, but this is the first study to consider minority healthcare access. I examine 261 Metropolitan Statistical Areas (MSAs) from 1993-2000 to test the impact of non-economic...

The Patient Protection and Affordable Care Act of 2010 tackles many health care-related issues, but medical malpractice liability reform is not one of them. Despite being a perennial target of health care reform -- with accompanying assertions that a medical malpractice liability crisis is...

How Japanese legal and social institutions handle medical errors is little known outside Japan. For almost all of the 20th century, a paternalistic paradigm prevailed. Characteristics of the legal environment affecting Japanese medicine included few attorneys handling medical cases, low...

There is an interesting exception to businesses’, employers’, and service providers’ seemingly universal embrace of arbitration processes, particularly mandatory pre-dispute arbitration. Although it may be difficult to believe given arbitration’s current popularity, not everyone requires...

This Article investigates the evolution of the Chinese legal mechanism for medical malpractice dispute resolution (MMDR) from the establishment of the first rules for MMDR in 1955 to the promulgation of the Regulation on Preventing and Dealing with Medical Malpractice Disputes in 2018. Using...

In this article, researcher Shane McNamee addresses the practical, legal, and regulatory implications of nanoscale drug delivery. Some of the technical and legal challenges that impact current drug delivery methods (e.g., ingestion and injection) also apply to new nanoscale methods. But, the...

Market forces, supplemented by government policy, affect how firms and households jointly determine product and workplace safety levels. After developing the economic theory of how labor and product markets pair prices and health risks we then explain the effects of the relevant government...

This brief note examines the enforceability of COVID-19 workplace waivers, potential causes of action against employers sounding in tort law, and intersectionalities of federal legislation with state tort law

Tort-based doctrines of informed consent have utterly failed to assure that patients understand the risks, benefits, and alternatives to the healthcare they receive. Fifty years of experience with the doctrine of informed consent have shown it to be an abject catastrophe. Most patients lack an...

The rule of Strict Liability laid down in Rylands vs Fletcher more than a century ago, has almost stood the test of time, with certain exceptions being introduced to it. The rule has somewhat merged into the principle of Negligence. But the Indian Supreme Court took the opportunity to lay down...